Is there a restriction of not being able to use the experience gained in the current company towards LC application. My employer is claiming that they cannot file a green card for me because they cannot count the experience I have gained in the company towards my qualifications. They say that if I leave the company and join again, they can do the processing. Is this a law from INS. If so, is there is means to re-evaluate the qualifications using some legal system and ensure that my experience counts and the green card processing can be started.
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Experience earned in the current company
- Thread starter pt0011
- Start date
pt0011 said:Is there a restriction of not being able to use the experience gained in the current company towards LC application. My employer is claiming that they cannot file a green card for me because they cannot count the experience I have gained in the company towards my qualifications. They say that if I leave the company and join again, they can do the processing. Is this a law from INS. If so, is there is means to re-evaluate the qualifications using some legal system and ensure that my experience counts and the green card processing can be started.
Yes, As per law you cannot count experience gained at the sponsering employer (current employment) towards your LC/GC. You can leave them for few of months & join back !
There are two options you can count on work experience in your current employer.
1. Just like someone said you leave your employer for some time, and then come back. Your previous work experience with this employer will be counted for your LC.
2. Stay in the same employer, and you just change your position/job title. So your first title position experience with the same employer will be counted for your LC under the second position/title.
1. Just like someone said you leave your employer for some time, and then come back. Your previous work experience with this employer will be counted for your LC.
2. Stay in the same employer, and you just change your position/job title. So your first title position experience with the same employer will be counted for your LC under the second position/title.
<xyr888>
Thank you for your message. I wanted to learn more information about the second option you mentioned. i.e. change of job title. I recently moved within the company to a different group and my job title is definitely changed. Are you sure that this is a valid option for using the experience learned within the company for the GC process? Can you provide me with further information. I would greatly appriciate any info or help you can provide me on this subject.
Thank you.
Thank you for your message. I wanted to learn more information about the second option you mentioned. i.e. change of job title. I recently moved within the company to a different group and my job title is definitely changed. Are you sure that this is a valid option for using the experience learned within the company for the GC process? Can you provide me with further information. I would greatly appriciate any info or help you can provide me on this subject.
Thank you.
pt0011 said:<xyr888>
Thank you for your message. I wanted to learn more information about the second option you mentioned. i.e. change of job title. I recently moved within the company to a different group and my job title is definitely changed. Are you sure that this is a valid option for using the experience learned within the company for the GC process? Can you provide me with further information. I would greatly appriciate any info or help you can provide me on this subject.
Thank you.
The main case on this subject is Matter of Delitizer Corp. of Neston, 88-INA-326 (BALCA, June 21, 1990) (en banc). It is very tricky and it is much more complex than just changing your job title.
Jim
Jim,
What is Delitizer Corp. of Neston, 88-INA-326 (BALCA, June 21, 1990) (en banc)? Would you like to explain a little on this?
Another question regarding this issue:
A friend of mine changed his position title from one location to another one in the same employer in the same county in CA. Different job title, different location in the same county, CA under the same employer, can this work experience gained from previous title be counted for LC?
Thanks.
Sam
Jim,
What is Delitizer Corp. of Neston, 88-INA-326 (BALCA, June 21, 1990) (en banc)? Would you like to explain a little on this?
Another question regarding this issue:
A friend of mine changed his position title from one location to another one in the same employer in the same county in CA. Different job title, different location in the same county, CA under the same employer, can this work experience gained from previous title be counted for LC?
Thanks.
Sam