Experience Requirements Question

S

Sanghamitra

Registered Users (C)
Is the experience on H1-B in the current position counted towards the experience requirement of the job at the time of labor certification. e.g. if my job needs 3 year minimum experience requirement and I have a year prior to joining the position and then I gained 2 more on the job can that be considered as meeting the requirements for labor certification.

If one were to be promoted in the same job to a higher rank, could the experience at the old job in the same organization be counted towards the minimun requirement of experience for the new position for the labor certification process.

Could you please post your erudite opinions on this matter.

Thank you :confused:
 
Please respond!

Senior members, Please give your pearls of wisdom. I am in desperate need...thank you in advance !
 
It is better not to use the experience gained at the current employment

1. If the LC is for the job you are currently doing and the experience you had before taking this job is only one year. You cannot file LC with the job requirement of 3 years.

2. If the LC is for a different job which is at a level higher than the current position you can claim the experience in the current job.

You know how these folks at the labor dept work. Do not take a chance, it is better not to use the experience gained at the currentl employer.
 
I also having questions abut exp. if any one gives idea, appreciated.

I heard its better, not show the experience, related gained at current(green card) employer place. what if, we worked as contarctor before taking full time job with current employer. can we show that contracting experience in previous employer details.

thanks,
vcb
 
Yes you can

Yes you can but make sure there are no references to the current employer, that might raise suspecion. Logically, if you worked as a contractor all that experience will be shown as gained at your previous employment.
 
It is possible to use experience with the current employer but it is extremely tricky and the result is, in my opinion, very unpredictable. The BALCA cases that address this issue
are all over the place and seem quite inconsistent to me. If I were handling a case from the beginning and for some reason needed to use experience with the sponsoring employer, I would be extremely careful. It is critical (without this there's no chance at all) for the position to be different from the current position.

Also, if you are filing for an EB-2 based on a bachelor's degree and 5 years experience, the experience must be "progressive" and moving from one company to another while working at the same site doing the same job probably would not be considered "progressive".
 
Jim,

Thanks for your response. if we file and EB3, can we claim experience at current employer place?

thanks,
vcb
 
No, you did not have it when you took the job so how can the company now claim that it is a minimum requirment for the position? There are ways but they are not easy.
 
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