bin2000 Posted July 23, 2013 Report Share Posted July 23, 2013 Hi all, My company is planning to apply for EB2 PERM for a future position in the company. My current role is Software Engr and future Senior Software analyst. The minimum requirement for future role is BS plus 5 years and I already have this exp before joining this employer.My H1 was sponsored with software engr title and requirement was BS + 2 years. Eventhough the title ,degree requirements,experience are different between the current and future roles, the job description is same.Will this cause any audits or RFE ? Will DOL or USCIS check H1B petition job description during PERM or I-140? Thanks in advance. Link to comment
rahul412 Posted July 23, 2013 Report Share Posted July 23, 2013 Hi all, My company is planning to apply for EB2 PERM for a future position in the company. My current role is Software Engr and future Senior Software analyst. The minimum requirement for future role is BS plus 5 years and I already have this exp before joining this employer.My H1 was sponsored with software engr title and requirement was BS + 2 years. Eventhough the title ,degree requirements,experience are different between the current and future roles, the job description is same.Will this cause any audits or RFE ? Will DOL or USCIS check H1B petition job description during PERM or I-140? Thanks in advance. As far as my knowledge is concerned, BS degree is not eligible for EB2. But adding your exp might make you eligible. I am not sure. Link to comment
ateetshah Posted July 23, 2013 Report Share Posted July 23, 2013 Hi all, My company is planning to apply for EB2 PERM for a future position in the company. My current role is Software Engr and future Senior Software analyst. The minimum requirement for future role is BS plus 5 years and I already have this exp before joining this employer.My H1 was sponsored with software engr title and requirement was BS + 2 years. Eventhough the title ,degree requirements,experience are different between the current and future roles, the job description is same.Will this cause any audits or RFE ? Will DOL or USCIS check H1B petition job description during PERM or I-140? Thanks in advance. H1 is for present employment and PERM is for future employment. It is not uncommon for PERM and H1B descriptions to be different due to nature of applications. BS (4yr degree) + 5yr experience should qualify as EB2. Please consult qualified immigration attorney. Link to comment
bin2000 Posted July 23, 2013 Author Report Share Posted July 23, 2013 #rahul412, The future job requirement is BS + 5 years or MS + 1 year.I missed this info in the previous posting.The job qualifies for EB2. But my concern is the job description between H1 and PERM are same. Thanks Link to comment
Jyothis Posted July 23, 2013 Report Share Posted July 23, 2013 Don't worry, as long as the company is ready to offer you the job in the gc when it comes through, you should be fine. Link to comment
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