Legal Question in Immigration Law in California

Re: Eligibility for EB-2 GC.

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Thank you and we look forward to speaking with you.

Sincerely,

Nikki Mehrpoo Jacobson

Attorney at Law

[email protected]

www.GreenCard4You.com

Re: Eligibility for EB-2 GC.

Feel free to contact my office. We do these types of cases on a regular basis.

Best regards,

Gabriel D. Jack

Muston & Jack, PC

408.293.2026

Re: Eligibility for EB-2 GC.

Generally if the position requires a master's degree or Bachelor's degree + 5 years experience, then you qualify for EB2.

Whether your specific case fit the EB2 and whether your employer is eligible to sponsor your application needs detailed evaluation.

The Labor Condition Application is for H1B. It is not related to PERM at all.

Please send me an email if you have further questions.

Re: Eligibility for EB-2 GC.

The LCA is not related to PERM labor certification.

I can answer your questions after I find out more details. Have you already obtained the employer's approval to go ahead with the green card application? We provide a free case evaluation. Please contact me by email ([email protected])Thanks. -Vivian Wang, Esq.

Re: Eligibility for EB-2 GC.

Generally speaking, both you and your employer are eligible to file the Labor Certification in support of your green card. Labor Condition Application for H-1B is a different document, which has nothing to do with the Labor Certification/PERM procedure. Furthermore, the wages might differ for the H-1B position and permanent position. In short, the answer to your question is positive. Should you need more information/help, email me directly.

Re: Eligibility for EB-2 GC.

The general rule is that if the position offered requires a minimum of either (a) a master's degree or (b) a bachelor's degree, plus 5 years of experience, then the position would be classified as that of an EB-2. If our firm were retained, I would have a conference call among yourself, your HR contact and your supervisor to discuss this issue in detail.

Your employer must exhibit an ability to pay the prevailing wage for the position from the date of filing of the PERM application up until the granting of your permanent residence.

The Labor Condition Application (LCA) is required for an H-1B petition--it is not related to the green card process.

A summary of the 3 steps involved in the green card proces through PERM is set forth on our website at:

http://www.meyner.com/CM/Articles/RoadtotheGreen.asp

Our immigration practice is national in scope, with an emphasis on corporate and employment-related immigration matters. We would be happy to represent you and your employer in this matter.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone consultation.

We would charge a consultation fee of $150 for a 1/2 hour consultation (which amount would be applied against our fixed fees for the green card process).

Regards,

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com

Re: Eligibility for EB-2 GC.

My legal fee is $2700 for the labor certification and green card process combined.

Please feel free to contact me to discuss this in greater detail.

The PERM/labor certification process is a separate process than the labor condition you received for your H-1B.

Re: Eligibility for EB-2 GC.

Greetings,

I've got 29 years employment based immigration experience, particularly with labor certifications, which you'll very likely need. I don't see from your brief description that you might be labor certification exempt.

Having said that, if the position requires a bachelors plus five years progressive experience and you had that AT THE TIME YOU WERE HIRED or a Masters Degree (or you were hired originally into a position at least 50% different from the labor cert position which does require such), then you're 2nd preference. Otherwise, even if you have five years experience after bachelor's studies, the position is 3rd preference and not 2d preference. What matters is what the employer requires for the position, not your background, apart from having what's required at the time of hire (or promoted).

The company should qualify, as long as they prepare in advance for the ability to pay wage issue. I presume you don't own a majority share of the company. I've counseled many lawyers who make the mistake of not working out the figures for the ability to pay wage issue in advance of filing the labor cert and when they get an approved LC but a request for evidence on the subsequent I-140 which they can't meet because they didn't plan, I have to ask them if they've got good malpractice insurance! The ability to pay wage issue I thus determine in the planning stages of the case before filing based on your current wage compared to the prevailing wage on the LC as we'd get from the State Workforce Agency (SWA) and then if the SWA's is higher than your pay, arrangements are made at the employer to raise the company's net income, other acceptable financial report figure, or your wage to make up the difference as of the year the LC is filed.

If only the LCA is the same as the LC. The LC is a much more involved process. It's one of the most complicated aspects of immigration law and I have had close to 1,000 cases approved with only 1 problem with prevailing wage which the employer was unwilling to deal with. So, you see, I know the issues and how to correct them before they become problems.

Write to me at [email protected] or check me out at http://www.yardum-hunter.com.

It would be a pleasure to further explore your case with you.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

Re: Eligibility for EB-2 GC.

Contact me directly.Need to know more details.

www.amyghosh.com

Re: Eligibility for EB-2 GC.

Yes you can do as you say, if you are in Southern California you should contact us about your case