H1 --> GC (Fresher position, question reagarding 'Experience required')

[jigarvora1]

Hi,

I'm currently under the H1-B status. I started working for my company as an Intern (July 2009) & then as

a full time employee (April 2010). Now, my company is reday to file GC for me however they are still

confused about -
"Minimum Number of Months or Years of Professional Experience Required"

My background:
- Master Degree in CS in the US.
- I was working as as Intern right after my graduation Sept, 2008 at another company before joining my current company as an Intern again - start date July 2009
- The title is 'Programmer Analyst'
- They including the HR people are pretty much clueless about the Permanent Resident through employment process. They know the very basic information. However, my bosses are very willing to do it for me. The only question is around the minimum required experience for this position. Should they say that this is an entry level position hence no experience required or should they demand 1 year experience for this
position?

Please advise? Thank You all in advance for your help.

Regards,
J

 

[BigJoe5]

First things first. Your employer must comply with the U.S. Department of Labor's PERM Labor Certification process before going into the USCIS process. Start here: http://www.foreignlaborcert.doleta.gov/perm.cfm

As an H1-B you can be a non-immigrant and at the same time pursue immigrant status. This is known as "dual intent" and is authorized under INA 214(b). Your employer has to do a labor market test to show that there are no U.S. workers qualified, willing and able to fill the position BEFORE they can petition for an immigrant worker. Many law firms specialize in this process and some larger employers have in-house lawyers that do it.

This is just one small excerpt from the above webpage:

4.Pre-Filing Recruitment Steps. All employers filing the ETA Form 9089 (except for those applications involving college or university teachers selected pursuant to a competitive recruitment and selection process, Schedule A occupations, and sheepherders) must attest, in addition to a number of other conditions of employment, to having conducted recruitment prior to filing the application.

The employer must recruit under the standards for professional occupations set forth in 20 CFR 656.17(e)(1) if the occupation involved is on the list of occupations, published in Appendix A to the preamble of the final PERM regulation. For all other occupations not normally requiring a bachelor's or higher degree, employers can simply recruit under the requirements for nonprofessional occupations at 20 CFR 656.17(e)(2). Although the occupation involved in a labor certification application may be a nonprofessional occupation, the regulations do not prohibit employers from conducting more recruitment than is specified for such occupations.

The employer must prepare a recruitment report in which it categorizes the lawful job-related reasons for rejection of U.S. applicants and provides the number of U.S. applicants rejected in each category. The recruitment report does not have to identify the individual U.S. workers who applied for the job opportunity.

For more information and specifics regarding pre-filing recruitment requirements for al types of occupations read the FAQs HERE.


See here for what job you qualify for and what you need to show: http://www.uscis.gov/portal/site/us...nnel=cdfd2f8b69583210VgnVCM100000082ca60aRCRD

Look up your job here: http://www.bls.gov/oco/

Good luck,