Hi All,
4 months ago, my PERM application was rejected citing 20 CFR 656.17(h)(4)(ii) that if the alien does not satisfy the primary job requirements, but must qualify on the basis of alternative experience, certification will not issue unless any combination of education, training or experience is acceptable.
So we're in the process of refiling our application. I wanted someone to give me feedback on one particular item.
Here is my situation:
Primary job requirement: MS + 1 year of experience in the job offered
Alternative requirement: MS + 1 year of experience in an alternative occupation acceptable.
We've also stated the magic statement of "any suitable combination of education, training or experience is acceptable". I was told that this statement was missing from my last application and that's why it was rejected.
At the time of last filing, I was at this job for only about 3 months. So I definitely did not meet primary job requirements.
Now, with this refiling, I've been at this job for over 1 year now. So we'll say yes to the question of: Does the alien posses experience as required for the requested job opportunity indicated in question H.6?
My question is this:
How do they calculate years of experience at requested job? When my DOL job order ended, I was 5 days short of completing one year at this job. But at the time of filing of PERM application, I've gained 13 months of experience. So do they calculate 1 year when the application is filed? or when DOL job order ended?
Thanks. I'd really appreciate help as I'm in my 6th year and don't want to get rejected again.
4 months ago, my PERM application was rejected citing 20 CFR 656.17(h)(4)(ii) that if the alien does not satisfy the primary job requirements, but must qualify on the basis of alternative experience, certification will not issue unless any combination of education, training or experience is acceptable.
So we're in the process of refiling our application. I wanted someone to give me feedback on one particular item.
Here is my situation:
Primary job requirement: MS + 1 year of experience in the job offered
Alternative requirement: MS + 1 year of experience in an alternative occupation acceptable.
We've also stated the magic statement of "any suitable combination of education, training or experience is acceptable". I was told that this statement was missing from my last application and that's why it was rejected.
At the time of last filing, I was at this job for only about 3 months. So I definitely did not meet primary job requirements.
Now, with this refiling, I've been at this job for over 1 year now. So we'll say yes to the question of: Does the alien posses experience as required for the requested job opportunity indicated in question H.6?
My question is this:
How do they calculate years of experience at requested job? When my DOL job order ended, I was 5 days short of completing one year at this job. But at the time of filing of PERM application, I've gained 13 months of experience. So do they calculate 1 year when the application is filed? or when DOL job order ended?
Thanks. I'd really appreciate help as I'm in my 6th year and don't want to get rejected again.