Experience with the petitioning employer

S

s_hari

New Member
I have total of 6 yrs of IT experiance. Out of this 4 yrs is with current H1B employer company A.

I want to apply Labor Certification for Green Card thru Company A. Will my 4 yrs experiance with

company A would be taken into account? Over the period of 4 yrs I have been holding progressive

designations. I have read somewhere that if progressive titles with that company exists, for

example : programmer, senior programmer, project lead. In that case my experience with this

petteioning employer would be counted, I am not sure about this? Since if I am able to use these 4

yrs I'll be eligible for EB2 category?

Thanks
 
Using experience with the sponsoring employer is possible, but it is extremely tricky. I wouldn't even attempt to tell you how to do it (the positions must be different but the BALCA decisions on this seem to come out differently and be very difficult to anticipate.) You need to discuss this in detail with the attorney who is handling your LC. All I can say is it's possible but there isn't a lot of room for errors and can't be adequately addressed without a thorough review and discussion of the facts and circumstances. Normally, I try to avoid using experience with the sponsoring employer if possible since the outcome is uncertain in most cases.
 
Experience with the filing employer

Hello:

This is to share my experience.

I applied for my LC (RIR which needed 2 yr exp + MS) using the experience with my current employer. Just like Jim said, my lawyer also was concerned but was confident that he can wade through it.
We got an NOF from NY SESA (after nearly 9 months of filing) asking to prove that the posion in question is not a progressive one (like promotions etc). They also wanted us to prove that a US worker connot be trained in the first job to do the current one. My lawyer used some specific information on our organizational structure to justify my case ( the jobs had totally different titles) and NY SESA accepted it and my LC was approved in April 02, a week or so after we filed our rebuttal.

We had similar concerns regarding the I 140 application as well.. but just got approved early this month without any problems and am now going through the CP process.

My lawyer, HR and my boss did an excellent job on this case.

Hope this helps..

D.
 
Last edited by a moderator:
It sounds as if they did a very good job (approval is certainly a good sign). The BALCA decisions are all over the spectrum on this and it is difficult to be certain of any result. They can be done in some cases but it needs to be set up with using the experience with the current employer in mind when you file the LC. You certainly can't use experience with the sponsoring employer if there is no change in job title and even if the titles are different it can be very tricky. For example, there is a case that denied the use of experience as a Pharmicist with the same employer when the job offered under the LC was Pharmacy Manager. BALCA felt that the positions were still too similar and that the Pharmacy Manager position was a promotable position.
 
why EB2 instead of EB3

Hello-
I was wondering- why would one aim to classify as EB2 instead of EB3, what are the benefits of this?
Also, is a fresh graduate with an MS degree (from an US university) sufficient to gain EB2 classification.
Thanks!
 
There are several reasons why a person would want an EB-2 filing rather than an EB-3. Yes, a master's degree is sufficient if the job requires it as a minimum for entry. There are problems using just a degree as a requirement though since if no experience is required DOL will look for on campus recruitment activities. The most common reasons people want EB-2 vs. EB-3 are:

1. Priority date. There are different priority dates for EB-2 and EB-3. Sometimes there has been a significant wait in the EB-3 category. This is not currently an issue since both categories are "current" but it is always possible that the dates would retrogress and then the EB-2 would be much more attractive.

2. Higher qualifications normally mean a lower probability of a qualified US candidate applying.

3. Ego. If a person has a master's degree, very often they feel that they need to use all their qualifications and that they should be entitled to use the EB-2 category. This can sometimes cause problems since the job is what sets the standard, the person's qualifications are irrelevant as long as they exceed the minimum qualifications for the position. If a company employs 10 software engineers and only 2 of them have master's degrees it is not true that a master's degree is the minimum qualification for the position and attempting an EB-2 under these circumstances is almost asking for a denial.
 
Fellas:
I have a question related to the "experience with sponsoring employer". I agree with Jim and others on the logic behind the problems you might face. However, on the flip side, using the same logic, you should NOT have any problems if you got promoted in the same job after you have already filed the LC. That however is not what I have heard on chat sessions and FAQs on immigration web sites. They maintain that promotion is a potential problem (more often than not) in approval of LC or 140. Any thoughts?
 
Promotion is a problem in some cases and not in others. The promotion must be to a dissimilar job. Promotion from a Systems Analyst to a Senior Systems Analyst probably would not work but promotion from a Systems Analyst to a Project Manager would be more workable. It's so fact sensitive that it can't be very well addressed in the forum and the outcome is usually somewhat in question. LCs take long enough, you do not want to have to appeal it to BALCA. It takes too long, therefore I normally avoid using experience with the sponsoring employer if at all possible.
 
Does this mean that I should expect some RFE 's in future. ?

Here is what I have gone through so far.

My employer filed my GC (through Rajiv) for Senior Software Architect Position.
And I used my current employer experience as a Software Architect (my current title).

Recently my state (MI) Labor got approved (ofcourse with a query on Salary requirements) and moved to Chicago (Federal Labour).

thanks
ramky
 
I would expect a problem but there may be more to your case that we are aware of. Rajiv certainly knows what he is doing. Speak to his office and find out what the situation is and if you should expect a problem. As I said above, the outcome of these is very difficult to predict and alot depends on how it is presented to INS. I'm sure Rajiv did a good job in presentation so that's a big step in the right direction.
 
You must log in or register to reply here.
Top