EB23版 - company not willing to file EB2 perm due to a previous EB3 |
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r********n
发帖数: 300 | 1 Dear MITBBS friends,
I need help. Can you guys help me figure out how to argue back?
I worked for company B, and my EB-3 from Company B got a PD date March,2006.
Then B was acquired by A in the last year and thus I work for A right now.
I asked A to file an EB-2 PERM for me because I have changed my position. A
rejected this by saying:
"the company has a policy to not file 2 PERM applications for 1 employee.
The acquisition has signed Successor of Interest for all immigation purposes
. This mean | e**o
发帖数: 131 | 2 If you are not prepared to change employer, I think there is little to no
room for negotiation. They are using company policy to deny your request, it
has nothing to do with law. If you don't want to wait, the best resort will
be to change employer and file another EB2 petition, assuming that your old
EB3 140 has been approved and you have filed 485 and it has been pending
for more than 180 days. | r********n
发帖数: 300 | 3 Yes. I filed 485 in 2007.
I am trying to argue with the company and ask them to revisit the policy. I
know the voice is weak but have to speak loudly. I will keep mentioning this
to manager during 1 on 1. I believe there are always points to argue there
and this makes me understand why lawyers make good money here.
As to changing employer, I have to balance it with my career path. Felt
comfortable with current project arch/lead position. Sign.
it
will
old
【在 e**o 的大作中提到】
: If you are not prepared to change employer, I think there is little to no
: room for negotiation. They are using company policy to deny your request, it
: has nothing to do with law. If you don't want to wait, the best resort will
: be to change employer and file another EB2 petition, assuming that your old
: EB3 140 has been approved and you have filed 485 and it has been pending
: for more than 180 days.
| m******g
发帖数: 3667 | 4 操！前面还挺同情你的，后来一看你有EAD和AP，你还想怎么样？折腾个屁啊。哪凉快哪呆着去。
I
this
there
【在 r********n 的大作中提到】
: Yes. I filed 485 in 2007.
: I am trying to argue with the company and ask them to revisit the policy. I
: know the voice is weak but have to speak loudly. I will keep mentioning this
: to manager during 1 on 1. I believe there are always points to argue there
: and this makes me understand why lawyers make good money here.
: As to changing employer, I have to balance it with my career path. Felt
: comfortable with current project arch/lead position. Sign.
:
: it
: will
| e**o
发帖数: 131 | 5 I'm in a similar situation except that I don't really like my current job
that much. I consulted an immigration lawyer that I know, not the one that
my employer uses. I was told it is doable from immigration law perspective
so I brought it to my manager. She said she would support it. But HR denied
the request based on so-called "company policy". They would not even talk to
the independent lawyer. My manager told me there is little she could do for
me. It sucks, but I have to live with it since
【在 r********n 的大作中提到】
: Yes. I filed 485 in 2007.
: I am trying to argue with the company and ask them to revisit the policy. I
: know the voice is weak but have to speak loudly. I will keep mentioning this
: to manager during 1 on 1. I believe there are always points to argue there
: and this makes me understand why lawyers make good money here.
: As to changing employer, I have to balance it with my career path. Felt
: comfortable with current project arch/lead position. Sign.
:
: it
: will
| r********n
发帖数: 300 | 6 I see. live with it and wait for good chances to come and then jump.
I further identified with the company. They said it was because I filed 485,
and thus I can change job without having to file a new PERM. If I file a
new PERM, it will be treated as the "sole purpose of immigration benefit".
Department of Labor prohibits one employer does this twice for one employee.
Based on their logic, EB3 485-filing did the harm. Without that, I would
have been able to file a EB-2 PERM based on the new pos
【在 e**o 的大作中提到】
: I'm in a similar situation except that I don't really like my current job
: that much. I consulted an immigration lawyer that I know, not the one that
: my employer uses. I was told it is doable from immigration law perspective
: so I brought it to my manager. She said she would support it. But HR denied
: the request based on so-called "company policy". They would not even talk to
: the independent lawyer. My manager told me there is little she could do for
: me. It sucks, but I have to live with it since
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