EB2 OR EB3

[lawhelp]

My H1b is valid till Sept 2015 (Second extension). I am with employer X since Jan 2010 in USA as Business Analyst till now. 

I have Bachelors Degree & a two year Post Graduate Diploma in Business Administration from India.

 

No of years of exp = Over 10 yrs In IT (Domain exp -10 yrs total 20 yrs)  

Last designation in India Dec 2009 - Business Analyst

Certifications - UNIX, C++, Oracle 8i, SAP (OTC) ECC6.0 & ITIL

Membership in professional Association - IEEE - Computer Society

My employer wants to file my GC in EB3

 

I have gone through this link http://www.flcdatacenter.com to determine the prevailing wage rate.

I am paid $41K annually + other benefits - Company provided Car, Fuel reimbursement, phone bills, client visit reimbursement, health Insurance, bonus.

However gross reflects on my Pay Stub  as $41,000 annually. 

 

Questions:

1) I am paid less than the prevailing rate.  However, will my other benefits be considered by DOL for PWD at the time of PERM?

2) Do I qualify for EB2 category?

3) If my employer files under EB3 do I have sufficient time left to secure approved I-140 before my H1B expires (Sept 2015)

4) The Job Zone & Edu, Training code is  - NA  -  Adding up other benefits to my annual salary do I fall under Level 3 wage? Can that place me in EB2 category Prevailing wage rate.

 

Area Code:

16xxx

Area Title:

xxxxxxxxxx, WV MSA

GeoLevel:

1

OES/SOC Code:

15-1199

OES/SOC Title:

Computer Occupations, All Other

Level 1 Wage:

$16.64 hour - $34,611 year

Level 2 Wage:

$23.24 hour - $48,339 year

Level 3 Wage:

$29.83 hour - $62,046 year

Level 4 Wage:

$36.43 hour - $75,774 year

Mean Wage (H-2B):

$29.83 hour - $62,046 year

This wage applies to the following O*Net occupations -15-1199.00 Computer Occupations, All Other

All computer occupations not listed separately.
O*Net™ JobZone: NA -- Education & Training Code: No Level Set

 

Your valuable advice is much appreciated.

[JoeF]

The JOB requirements are what matters.

You could have a PhD, if the job only requires a bachelor degree, the case would still be in EB3.

 

And btw, stuff like IEEE membership is completely irrelevant. Anybody can just pay the money to become a member. Certifications also don't matter.

[rahul412]

My goodness, you got 20yrs of exp and getting paid so less. I think it's time for you to find another employer who pays you based on your experience. Moreover, which state in US allows an employer to pay so less for an H1 candidate??

[t75]

It is obvious that your skills being used in your current position are very low level based on your salary. If you are so well qualified as to be considered for EB-2, find a new job using your skills.