Job Experience

A

ash1984

New Member
Hello,

I have worked for my company as a Research Assistant for 3 years. They are going to renew my H1 next year and promote me to a Research Associate position. They also plan to file my labor certification & EB2 application next year for the position of Research Associate.

When they file my Labor Certification and describe the skills & work experience needed for the Research Associate position, can they include the 3 years I worked for them as Research Assistant?
 
It can count only under very limited, specific circumstances. The attorney representing the company is the best to advise them. Since they appear to believe that your case qualifies for EB2 processing, don't worry about it as long as you have been truthful about all of your credentials.
 
can someone tell me if part time experience (20 hours per week), paid, for one year..equate to 6 months full time for purposes of the labor certification?
 
ash1984 said:
Hello,

I have worked for my company as a Research Assistant for 3 years. They are going to renew my H1 next year and promote me to a Research Associate position. They also plan to file my labor certification & EB2 application next year for the position of Research Associate.

When they file my Labor Certification and describe the skills & work experience needed for the Research Associate position, can they include the 3 years I worked for them as Research Assistant?
Click to expand...

You can only use qualifying experience with your current employer if the position being filed is at least 50% different than the other role. If that can be documented, then yes, you can use it. This could be evidenced by filing a new H1B petition under the new job title (new SOC/OES code/level, etc.) -- proving a bona fide job opportunity/promotion exists. If it is just one of those "he's being promoted" but really no change in the job is there, then run run run away from this idea.
 
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