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 Applying for EB-3 visa category
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Immigration TPS Green Card
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Posted on 03-17-17 10:31 AM     Reply [Subscribe]
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I have been researching for applying for GC through EB-3 visa category. I have a unique series of questions if anyone has gone through that scenario. Any help will be appreciated. 

Background:
I have a bachelor degree from U.S. 
My initial OPT started from June 2014 and ended June 2015. 
17-month extension started from June 2015 and ended November 2016. 
In TPS Status currently (Had TPS as well as OPT previously) 

I was working for a consulting company from June 2014 till March 2015 (Company was about to be sold to vendor company but the deal didn't go through). 
My consulting company was shut down.
I started working for Vendor company directly from April 2015 until June 2015. (same client) 
I was unemployed from July 2015 until December 2015.(6 months) 
I started working from Jan 2016 and currently working for a new consulting company. My new consulting company is ready to sponsor me for GC and asked me to gather Experience Letters from the previous employer. 

Questions:

There are three categories under EB-3 visa. Which one applies to my condition? out of the two:
 
1.) Skilled Workers
2.) Professionals

a.) If I applied through a Professional category. How many years of experience do I need to show?
b.) I have a gap of employment for 6 months. How will that affect my application?
c.) My previous consulting company is closed. Can my vendor company give me a letter stating I was sub-contracting with them through my previous consulting company mentioning my job duties from June 2014 till march 2015?
d.) My vendor company is ready to give me experience letter for 3 months, From April 2015 till June 2015 as well.

My total experience will be little over two years if I get that letter from vendor company.

How complicated will be my application if I apply for PERM process? Does anyone have any suggestions for preparing documents for this condition?

I know I will have to talk to a lawyer for all the details but just trying to get as much as from people who has been through this situation.

Any response will be appreciated.
Last edited: 17-Mar-17 10:33 AM
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Posted on 03-17-17 2:03 PM     [Snapshot: 123]     Reply [Subscribe]
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You have bachelor degree from US and have been working for not more than 2 years.

Are you working in the same field in which you did your bachelor degree ? If your degree and job are not related, then you will surely get RFE in labor certification.

EB3 skilled worker is the category to apply for. Your lawyer will decide on which job deskription fits with your degree and current job during the labor certification process.

GC through EB3 has PD current for Nepal. So, your employer can file as soon as possible. However, I am not sure if you could able to complete the process before TPS expire. You will have a problem if TPS do not extend. GC processing takes 18-24 months sometimes and if you get RFE, it gets delayed further.
 
Posted on 03-17-17 3:20 PM     [Snapshot: 153]     Reply [Subscribe]
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@neerman: Yes, I am working in the same field as my bachelor degree (Computer Science). 

 * First Consulting Company = 06/2014 to 03/2015 = 10 months 
* Vendor Company = 04/2015 to 06/2015 = 3 months 
* Gap in employment = 07/2015 to 12/2015 = 6 months 
* Current Company = 01/2015 to current = 15 months 

Total Experience = 28 months. So, little over two years. (Field - IT) 

So, Skilled Worker category doesn't require bachelors' degree, right? Info I was reading in USCIS website doesn't mention about a degree. At least two years of training/experience and a job offer. 

Professional Category requires bachelor degree and a job offer but doesn't talk about any experience. So, little confused on the category. I think i qualify for both if i am not mistaking.

Currently, I am worried about the gap in employment. Does that trigger RFE? Is there any documentation required to justify the gap.

Currently working on gathering experience letter without which lawyer is not ready to process further. Sucks!

I know there is PD for EB-3 category and trying to beat the clock to get done before TPS ends.

Last edited: 17-Mar-17 03:21 PM

 
Posted on 03-20-17 7:28 AM     [Snapshot: 359]     Reply [Subscribe]
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HI, you are eligible for Professional Category EB3. Your lawyer will match your job deskription and salary with your experience while applying for PERM.

The only issue I see is the processing time which is almost almost impossible to catch up with TPS deadline if it does not extend for the third time.

Look at the timeline and you will know it.

step 1- PERM filling with PWD, advertisement
step 2- I 140
step 3-765 (EAD),131(AP) and 485

If your company is really in a good shape financially and have no problem with the ABT (ability-to-pay), then you can file step 2 and 3 together with I-140 premium processing (15 days window for decision by USCIS), that saves a lot of time. However, if I-140 got RFE and got denied later, all the expenses for step 3 is a complete lost. So, usually ppl do step-2 , get approval and file step 3.

 While applying for step 3, you need medical clearance and that also takes some time to visit doctor and do all medical test as well.

Another thing, you may get RFE in any of these 3 steps mentioned that further delay your processing time.
Last edited: 20-Mar-17 07:29 AM

 
Posted on 03-20-17 10:41 AM     [Snapshot: 421]     Reply [Subscribe]
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It really depends on the PERM application and how your lawyer builds the Job requirements however , if you are planning to use only 2 years of experience you might get audited in PERM. I say MIGHT because i have seen a lot of people not having any problems.

The whole point of PERM is to prove that there isn't any gore workers qualified enough for the position. With only 2 years of requirement that might be hard to prove and they might set your employer AUDIT / Supervised recruitment effort.

A lawyer would be the best place to start with this. In fact you will need a good lawyer.
Also the 15 months experience you have in the current company cannot be used if its for the same position. Which means if you were a software engineer for that 15 months , the position they should be applying you CANNOT be software engineer (similar job duties.)

The 2 years of experience requirement should be a pre-requisite for the new job position.

Good luck.
 


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