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blueflower
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Posted on 07-11-11 5:29
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I work for a software company in the philadelphia area as a software developer. My employer is willing to apply for my GC in EB2 category. But the one thing that we have seen mite b a problem is the salary level for EB2. I know it depends on the area(state, city)you work in. The SWA is going to determine the salary level based on the job description we provide right? Is there anyboy in this area or nearby or any where in US for that matter, applying for GC in EB2 for a software developer position. How much was the salary range for ur case? Is level 2 enought for EB2. Another thing that I worry about sometimes is, is software developer position qualify for EB2( yes it requires MS degree but its still soft. developer and not sr. software developer)
I'd really appreciate any information regarding this. It'd help me and ohter ppl in similar situation.
THank you.
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sajhako sahilo
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Posted on 07-11-11 6:36
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From your writing it is very hard to understand what you are trying to say. You are so poor in English and claiming as a special category (EB2) green card applicant?
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blueflower
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Posted on 07-11-11 6:47
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sorry if you are having trouble understanding my english. I want to know if there is anyone out there ( better if from philly or nearby area) who has applied their GC in EB2 category for a software development position. If yest, then what was the salary level determined by the SWA for your case? I just want to get a general idea on how much would the salary level be for EB2 for a software development postions.
If its still no clear then let me know. I'll write in more plainer english again.
Thanks.
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meraj
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Posted on 07-12-11 6:57
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Lot of peoplentry to be oversmart here. You don't need to be english novel writer for special EB2 . Regarding ur wage there is procedure for determining wage level. Google it , you will find a PDF file. Usually masters with 0 or 1 yrs of experience will have L3 wage level. Regarding position I am not if it really matters , if company says it needs masters as minimum requirement. But if you put senior u'r wage level will go higher. I am not in Philly area but this is how it generally works.
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Jonny
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Posted on 07-12-11 8:00
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Per my company lawyer Level 2 wage should be enough for EB2 but he also said EB2 is more about the job description (like why you need a masters degree or 5 years of experience for the job) than salary itself. Below is from FLCDatacenter.com and if you are making more than $78,520 and have a good job description you should be fine.
Your search returned the following: Print FormatArea Code:37964
Area Title:Philadelphia, PA Metropolitan Division
OES/SOC Code:15-1132
OES/SOC Title:Software Developers, Applications
GeoLevel:1
Level 1 Wage:$32.32 hour - $67,226 year
Level 2 Wage:$37.75 hour - $78,520 year
Level 3 Wage:$43.18 hour - $89,814 year
Level 4 Wage:$48.61 hour - $101,109 year
Mean Wage (H-2B):$43.18 hour - $89,814 year
This wage applies to the following O*Net occupations:
15-1031.00 Computer Software Engineers, Applications Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team
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kohokoho
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Posted on 07-12-11 8:20
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Your English is fine.
I had similar experience that I wanted to share with you. I am not from PA though. This is around 2009.
My boss was wiling to write up job description in any way I would request. I wrote up a job description and showed it to the Immigration Lawyer that my company provided me with. I had shown MS in engineering with 8 years of experience. The Lawyer made few comments, they said if I show MS + 8 years experience then Dept of Labor would require the salary to be 180K to replace an American. My boss was in no position to pay me that amount. So the Lawyer came up with an idea. They changed the job description with Minimum requirement to be; MS in Engineering with knowledge of few specific software OR BS in engineering with 5+ years experience in the same list of software. The Dept of Labor's salary requirement came down to 70K+. I was already being paid more than that and I had knowledge of those software.
I did not reduce my experience, I still showed the same 8 years experience that I had in my perm resume...only 1 person applied since the pay is not that attractive. My perm, 140 and 485 got approved in due time without any audits.
My English is not that great either and there could be information missed between the lines, so my recommendation is find a good immigration lawyer and bench mark every decision you make on the information you receive from the lawyer. They cost at around $100.00/hour.....good investment it will turn out to be.
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blueflower
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Posted on 07-12-11 12:23
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Hello everyone,
thank you for ur replies. I really appreciate that.
But i have a question for kohokoho...can we really speicify and say that the person should have the knowledge of a particular software. I thot we have to be as generic as possible and not change the description to match ur qualificaiton or experience otherwise it will b audited and we have to show the business necessity for that. once hte case is audited it mite take as long as 2yrs again. so a bit confused with that one...also so did ur company interview the one candidate who applied? Are you also from software development field?
Also so if i apply wiht MS+0 yrs experience. Can i still put my past work expereinces in the resume? wont that b a issue?
Thank you.
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localboy
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Posted on 07-12-11 12:39
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BlueFlower,
Jonny gave you the details of the salary .. You can get it from www.flcdatacenter.com. Just use the wizard it will guide you to the right place.
As far as your question is concerned, you are right the safe bet is to be as generic as possible that will let USCIS know that you have advertised to a large pool. The specific you are the higher your salary and the higher your chances to get audited .
USCIS goes by the SVP standards, but it all depends on which officer looks at your file and what mood is he in when your file lands on his queue. I have seen MS + 10 yrs get approved and have seen MS+1 yr get audited and denied.
For your salary you should be in the level 3 to be safe.
In IT field there are very few role that exceeds SVP 7 almost everything falls under SVP 7. 7 being the cieling .. Here is how it works
Bachelors degree - 4
Each year exp - 1 .
Master degree - 7
so if you put masters + 1 yrs exp you will be in SVP 8 and USCIS has the right to audit you quoting business necessity.. Masters + 0 is your safe bet. The only issue is you will have a large number of people applying for the job, and Yes you need to interview atleast 40% of the candidate applied. However you will have to reply to all candidates that have applied saying why you rejected them.
I hope I could shade some light towards your issue.
Good Luck
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kohokoho
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Posted on 07-12-11 2:02
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Well as I said, a list of Software not just 1 specific software which your company requires in a day to day activity....my company did interview that candidate and rejection was because the guy was not interested in analytical role...the guy was more interested in nut and bolts of development....he/she said that in the interview...yes I am also from software development field
Don't worry about audit.....during 2009 there was a random audit of 30% of all applied cases. Audit is not in your hands. As long as you consult with an experienced lawyer you should be good, rest is not in your hand.
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mvc
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Posted on 07-12-11 3:22
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Guys, upon research i found what EB2 visa is, but before that i had only heard about H1B visa. So what is the real difference between H1B and EB2.
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