NOF intent to deny after 5 yrs - work experience issue HELP!!!

A

akujo

New Member
Hi, Can someone please give me some advice on what I should do about my case.

My PD for Labor Cert ETA case is 2003/06, and we received a Notice of Finding letter beginning of January stating "intent to deny application". I am filing EB3, Software Engineer.

They think the original recuitment was not good so we need to provide additional information to argue my experience was valid. The ad stated 6 months of propiatary experience which I only earned on-the-job after I started working at my company, although by the time we filed for my Labor Cert I was already promoted from Associate Software Enginner to Software Engineer.

I am almost on the last year of my H1B. It will expire April, 2008.

Here are the questions I have:

1) If my case gets denied, what are my options?

2) If I refile via PERM with my current company, will I likely have the same issue with on-the-job experience?

2) If I switch a job now and new company is willing to start a petition for me, what is my timeline like? Will there be enough time in order to qualify for extending my H1B another year?

3) If I file EB2 (I now have 5+ yrs of experience), will it help my case in any way?

Please give me some advice!!!!

Thanks!!!!!
 
1) If my case gets denied, what are my options?
A. Find a new job. File perm EB2. Verify in advance that the employer is ethical and will file LC right away.
B. Look for a substitute labor. I wish they were listed on eBay (j/k).

2) If I refile via PERM with my current company, will I likely have the same issue with on-the-job experience?
Yes. Unless you apply for a different job

2) If I switch a job now and new company is willing to start a petition for me, what is my timeline like? Will there be enough time in order to qualify for extending my H1B another year?
Yep. You have file LC a year before your H1B expires.

3) If I file EB2 (I now have 5+ yrs of experience), will it help my case in any way?
Yep... with a different employer. Not with the same one. It's not possible to save the five year old PD though.
 
gravitation said:
2) If I switch a job now and new company is willing to start a petition for me, what is my timeline like? Will there be enough time in order to qualify for extending my H1B another year?
Yep. You have file LC a year before your H1B expires.
Click to expand...

My lawyer is submitting response to NOF next week, and according to her, it will take at least a month to receive final answer from DOL.

So by then I would have passed the deadline for filing LC 1 year before H1B expires, considering there will be a few months of recuitment time before filing too.

Do I still have a chance with PERM from new company in that case? :(

Thanks!!!
 
You may be OK!

PERM is much faster, so if you change company even in the last year of your current H1 (less than a year to go before the expiration), you may have enough time to get PERM approved and I-140 approved right after that (with premium processing). But they both need to be done before 6 year of current H1 expires. Once you pass I-140 stage, then you are eligible for 3 year H1 extension. This is to my best knowledge. Definetely check with an immigration lawyer...


akujo said:
My lawyer is submitting response to NOF next week, and according to her, it will take at least a month to receive final answer from DOL.

So by then I would have passed the deadline for filing LC 1 year before H1B expires, considering there will be a few months of recuitment time before filing too.

Do I still have a chance with PERM from new company in that case? :(

Thanks!!!
Click to expand...
 
Depending on the Job when you joined the company and the Job on LC, if your company can demonstrate the positions are more than 50% different, you can count the experience from same employer.

Talk to your Lawyer for complete advice.
 
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