experience from current exmployer

R

rchit

Registered Users (C)
Hi all,

I have applied my LC from Florida (EB-2 RIR)and got the approval from Atlanta DOL end of September 2003. I have BS degree(4 years) in computer science and 6 years of experience. In paper advertisement my job position requirements are MS+2years of experience or 5years of experience with BS degree.
My attorney recently received the approval notice then he realized that By mistake he entered that "MS can be replaced with 5years of experience". Then my job requirement according to the labor approval notice I should have 5+2 years of experience which I don't have. But, after 1 1/2 years Joining my current employer my GC processing is started. So, my attorney says that I could use experience from the current employer till my priority date. Is it possible to use experience from the current employer and apply for I-140 or I-485 with the same LC approval?

I saw on the net that u can't use the experience from current employer. :confused:

Any comment is appreciated...

Thanks in advance.
Rchit
 
I am in a similar sort of situation..about 5 months short without current employers exp included (.. have more than enough with current emp before labor was filed )
any inputs appreciated...this 5 months was mainly coz of breaks I took when I quit one employer and joined another...for personal reasons.
any similar experiences? I read on murthy that in some cases on the job exp can be used with current emp..but those are rare and hard to prove.
 
its hard but do-able

it is only a general rule that you cannot use the experience from current employer.

if the case is presented in correct way you should be able to do it. ofcourse with the cooperation of very good attorney and your employer.

may be you can try this approach. not sure how feasible. this also depends on the title given to you for green card and the one with h1.

main thing to be considered here is that you are short of experience years only and not the skill set mentioned. the skill set mentioned in LC should be perfect match and you should have those skill prior joining your employer.

try to find out whether your employer is willing to promote you to the next higher level which requires 2 years of additional experience. if that is feasible you can file h1 amendment for that new role or promoted position. this is like quiting and joing the same employer. by now, you should have gained the extra 2 year needed for your greencard labor. then you can file the i140/i485 based on the labor that you got approved. i think then your case will be treated as substition labor eventhough the original greencard labor was filed on your behalf. you might want to consult very good attorney and go forward.

or if you have enough time left on your h1 then i would consider filing new labor and start fresh again which is the safest bet. or you can try both at the same time in which case even if you i140 is denied you can still wait for the new pending labor.
 
thanks for the advice..I think thats what my lawyer did actually..my employers pretty good about letters and stuff .
So he mentioned I was promoted from one level to another . anyway we have to wait and see what happens..I filed for I140 in August.
 
yasvish

great. but you need to make sure that mere promotion from one level to the next higher level is not enough in paper or internally within your company or department. it should be supported by filing h1 amendment for the new higher position to make your case stronger.
 
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