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Member Profile: immi7 (35 posts)

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Hello, I'm immi7 (report this user)
I am from India
I last logged in on 20 Dec 2017
I have been a member since 19 Jun 2013
I have added 35 posts in trackitt forums
I added my last post on 14 Nov 2017
immi7's Posts
1 2 Next »
Posted in I-140 Forum on 14 Nov 2017
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

It will be amazing if this bill passes. Realistically is there any hope of this passing? I suppose chances are between nil and zero. Why would WH ever let this bill pass? If anything happens it will be 'raise' which will be 'fall' for most of us waiting for long time.
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Posted in I-140 Forum on 13 Sep 2017
Topic: I 140 and promotion - HELP pls

EAD2009, thanks for your reply. I wish things were that easy for me :)

And if I felt that HR is simply trying to save money, I would have looked to jump the ship. Here, HR doesn't really bother about pay. Their stand, imo, is honestly based on their interpretation of the law as it stands. Pay is entirely in the hands of my management. HR even suggested that I just ask my management to pay me at the higher level.
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Posted in I-140 Forum on 13 Sep 2017
Topic: I 140 and promotion - HELP pls

Thanks curidpostn, ZenZone, karthiksubbu for your replies.

curidpostn, that is the position HR is taking. And yes, they don't want to go through PERM or I-140 again.

ZenZone, thanks for the link I think I have already shared that with HR, will double check if its the same document I went through. I get what your are saying and thanks for being direct about it. Unfortunately, HR isn't trying to come up with excuses. Its their interpretation of the law. He acknowledges that other companies/attorneys are/can interpret differently. He himself said that mine isn't the first case where they pushed back, and held their ground.

karthiksubbu, I work for a pretty big company, a world leader in what it does. Not sure about the attorneys but its a firm of about 600 attorneys. As I said above, its their interpretation of the law as it stands. I am hoping to find an official document which says in plain language that people with approved I-140 can be promoted without having to reapply PERM or I-140.

Thanks!
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Posted in I-140 Forum on 13 Sep 2017
Topic: I 140 and promotion - HELP pls

Hi Friends,

I have a approved I 140 and am due for promotion. HR is pushing back saying it's not possible till I I-485 has been filed and pending for at least 180 days. I am years away from being able to file for I-485.

I am working as a senior analyst and am due for promotion as lead analyst. The job differences have more to do with guiding others and providing input to senior management in planning/execution.

HR person agrees that my promotion is normal career progression. He doesn't contest that.

I sent the Jan 17 ruling to HR. He looked at it and is saying that Jan 17th memo doesn't change anything from before.

I don't know what to do. Is there specific document from USCIS that I can share with HR? Anything that says promotion due to normal career progression is possible with approved I-140?

Your help is much needed and appreciated.

Thanks!
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Posted in I-140 Forum on 02 Mar 2017
Topic: Approved I 140 - promotion?

Thanks!

Job responsibilities practically won't change even a tiny bit. On paper, they will change about 10% (my best guess). My current job responsibilities already state that I lead design efforts.

Will it matter that the I140 was approved a few weeks back and promotion will be given (if they agree) in 3-4 months? Does that timing of when the promotion is given have any bearing on how USCIS will view the situation?
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Posted in I-140 Forum on 02 Mar 2017
Topic: Approved I 140 - promotion?

truptid: As far as I know PW shouldn't be a concern, I am already being paid MUCH more than what the PW came out to be for my current position. No one will work for what the PW came out to be - it was that low. So even with promotion, I am not sure the PW will be high enough to touch what I am being paid now.

With promotion, I can expect 7-10% raise, so that also should help.

It's totally confusing for me as to why HR and attorneys are pushing back.
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Posted in I-140 Forum on 02 Mar 2017
Topic: Approved I 140 - promotion?

AnyMomemtNow:

I am wondering that too. I have informed my boss that getting promotion while in I 140 is normal and asked if we can ask HR/attorneys about their stand. I was told we have to wait few more months (due to some anticipated changes) to take this up.
I work for a big non-profit, and HR is very transparent. They (and attorneys) just send the I140 approval copy as soon as they get it. So confused of their stand in this matter.
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Posted in I-140 Forum on 28 Feb 2017
Topic: Approved I 140 - promotion?

Thanks truptid, karthiksubbu, permmn.

I thought so.

In my situation, my boss seems to be OK with the promotion but push back is from HR and attorney. Is there a way I can convince HR and/or attorney people that this happens all the time? Anything published by government sources?

I am already doing the work of a lead for 1.5yrs but without the same benefits. I like my job and don't want to look for other opportunities.
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Posted in I-140 Forum on 28 Feb 2017
Topic: Approved I 140 - promotion?

Hi,

I got my I 140 approved recently and I am in a Senior Analyst role and due for promotion. The new role would be Lead Analyst. The job description wouldn't vary by much. It might almost stay the same as my current job description already states that I lead design efforts.

HR is pushing back saying no promotion is possible till GC is approved (which is years away). Is that true?

Please let me know your thoughts.

Thanks!
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Posted in Atlanta PERM Forum on 03 Aug 2016
Topic: HELP - Promotion during GC process

Hi,

My company is about to file my PERM (I am a beneficiary of approved I140 from a previous employer and planning to use the same priority data).

And I am also being offered promotion as a lead analyst (I am a senior analyst now). HR is saying I can't be promoted without applying for new PWD and advertising (essentially doing all that for the lead position) - PERM filing will be delayed this way. Can you please point me to any available articles (from gov sources) so that I can take them back to my HR?

Thanks for your help :)
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Posted in I-140 Forum on 07 Apr 2015
Topic: How is EB2 determined? Please help!!!

kaushik786, Eb2Cali:

Thanks a lot guys.

This helps me immensely (what a relief).

Yes, 10 years of my 11 years exp is with other companies - I just joined this employer.

Thanks again!!
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Posted in I-140 Forum on 07 Apr 2015
Topic: How is EB2 determined? Please help!!!


Key is "which bachelor's it is". Is it US equivalent or Indian 3 yrs bachelors?


Job requirement will be for US bachelors. I have engineering degree from India in electronics engineering and I work in IT here.

How does that look?
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Posted in I-140 Forum on 07 Apr 2015
Topic: How is EB2 determined? Please help!!!

Thanks .. that helps :)

I was able to dig out my current role requirement - it is bachelor's + 5 -- will that also qualify for EB2 in your opinion?
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Posted in I-140 Forum on 07 Apr 2015
Topic: How is EB2 determined? Please help!!!

Hi Friends,

My ongoing struggle with GC have taken a unpleasant turn. I switched employers after getting I140 (EB2) because that employer was being bought by another company.

The new employer says they will not have master's degree as one of the job requirements. The job requirement will want bachelors + 7 years exp though. (I have masters + 11 years).

Will USCIS give EB2 during I140 IF job requirement is bachelors+ 5 years? Or is master's mandatory?

Murthy's website seems to say if a job requirement needs bachelor's + 5 years that is good enough to give EB2.

Whereas USCIS website says master's (advanced degree) is mandatory in the job requirement to get EB2.


Murthy's: http://www.murthy.com/2011/07/15/eb2-or-eb3-und...

"Alternatively, EB2 qualification includes a position requiring a U.S. bachelor's degree or its foreign equivalent and five years of progressive (i.e. post-baccalaureate) experience."


USCIS: http://www.uscis.gov/working-united-states/perm...

"The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field)."


Please provide your opinion. Any ideas/help is much needed.
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Posted in I-140 Forum on 16 Mar 2015
Topic: I-140 data - please help!!


That is not determined at the PERM stage, but rather at the I140 approval stage. However, you can draw some hints from PERM based on the job role, required qualifications and the applicant's actual qualifications. Typically a requirement of Masters or Bachelors+5 yr of work experience would be EB2.



Thanks. For a company, is it possible to determine what categories they have applied GC's in the past (EB1/EB2/EB3 etc)? Do we have a way to get i140 data like we can get PERM data?
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Posted in I-140 Forum on 16 Mar 2015
Topic: I-140 data - please help!!

That is correct. But the job requirement specified while determining the prevailing wage during PERM pretty much ties up what category i140 will be in.

Any idea how to check the categories in which a company has applied it's i140's?
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Posted in I-140 Forum on 16 Mar 2015
Topic: I-140 data - please help!!

Hi,

I want to find out about green card filings of a company.

I know I can get PERM data from: http://www.foreignlaborcert.doleta.gov/performa...

That doesn't tell me which category the green card was in. Is there any way to determine which category (EB1/EB2/EB3) the i140 filings were done by a company?

Your help is much needed and appreciated.

Thanks!
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Posted in I-140 Forum on 08 Oct 2014
Topic: EB1C Club



Majority of top tech companies are founded by folks who were college dropouts. That doesn't means people should stop pursuing higher education. Similarly, whether a job can be done by high dropout or phd is irrelevant for USCIS. It is employer responsibility to decide whom he wants to hire and file GC in what category.



Um...no.
The company determines what the job requirements are. They are not legally permitted to inflate those requirements just to satisfy a category.
So, companies that have been run by dropouts now suddenly need Masters to do far less complicated work...yeah, right. You should be EB3.
You want to bitch and moan about "fraud"? Take a look in the mirror.



What are you talking about? EB2 holders don't have fake degree's and who told you that such jobs don't need advance degree's?

EB-1C abusers show fake experience (past and current) based on which they are given GC in 6 months - if there is a bigger fraud in US immigration other than crossing border illegally, I haven't heard of it.

There are genuine candidates for EB-1C, but very less in number compared to the fraudsters.

Only way to catch them is to ask for pay stubs for past couple of years at the time of filing and see if that pay matches prevailing wage (and make PW payable before the GC is issued and not after as is the norm - this has to be done exclusively for EB-1C category)
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Posted in I-140 Forum on 08 Oct 2014
Topic: EB2 India Movement in 2015/2016

"relatively" popular EB-1 definitely points to EB-1C. When will misuse of EB-1C stop?
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Posted in I-140 Forum on 07 Oct 2014
Topic: EB2 India Movement in 2015/2016

Thanks all for your inputs.

Looks like the worst case projection for 2015 is late 2009 and best case projection for 2015 is late 2010. Best case for 2015 will be mid 2010 and best case for 2016 will be mid 2011.

Is that a fair assessment?

(I am not counting on EO or any reform - best case is based on something like 2011)
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