akrkap said:Dear Sakina & Senior Members,
I had posted few queries few months back and Sakina and other members were kind enough to provide me with their valuable inputs. I am into another situation now and want to seek some inputs.
My LC was filed from company A in NJ in June 2002 (EB3). We got an RFE last week that the company is going to respond. Basically, this was for a position with BS degree with 1-year work experience. At the time when I had joined the company in 2000 (initially on OPT and then on H1b), I only had work experience working at the University. I joined company A, right after completed my BS degree. Since I only had working experience of 1 year from the university, the LC was prepared accordingly for the position requested for GC. (BS with 1-year experience).
The RFE is asking my employer to prove how my experience working at the university (since the LC stated that I had 1 year experience) proves 1 year of work experience required for the position. In addition, they are asking about company information (# of folks currently employed, etc).
I am looking for alternatives to stay in this country in the event the current LC RFE that my company is going to respond to get declined.
Currently, I am almost towards the end of my 5th year (6th year will start Sep 1st) on H1B. I was advised that I should apply for PERM with company B (As they can now take into account my experience – I have 5 years experience and also a MS degree, which I obtained after I joined company A). I was told that in order for me to apply for a 7th year extension, after Sep 07, I have to have PERM field before my 6th year starts which is Sep 06).
If I do not go with company B with PERM, and in the event my current LC gets declined, I will have to go back. I was also told that it may be not worth applying for PERM again with the current company as they will not be able to use the MS and work experience that I obtained after I joined them). I may be back to the same situation.
I have a company B who is willing to file PERM for me at the earliest. They want me to transfer H1b and off course current billing with the client. I know this company is reliable so I don’t have any concerns on that. I am just confused about my 7th year extension and the right thing to do.
Any help will be appreciated. Thank you for reading.
I will sincerely appreciate it if you guys can help me again! Thank you!
Raj
LC Filed (Company A, EB2, NJ) – June 2002
RFE (June 2006), Company in process of responding.
Hi
You can start the prepartion for PERM with Company B immediately. Because it might take 2 months for that July & Aug. Then you can apply for PERM in Sep 2006 before your 6th Year starts. In the meantime your old Labor will know some results based on RFE. You can continue with your compoany till Sep 2007 if Compnay B is willing to do PERM for Future employment and if your old labor gets rejected then you can join Compnay B
Consult an Attorney with all options as you cannot xplain all the facts here and because of that the opinions given here is subjective