Please help! Experience issue

S

sanjaykapoor

Registered Users (C)
My labor certification is for B.S. and 4 years of software experience. The job postion is for Sr. Developer.

I had 3 years 11 months before joining the company, and additional 12 months with my current employer as Developer before applying for LC.

Do you guys think I can get a RFE?

Would CIS consider 1 month as a de minimus and waive it? Can I use 12 months of experience with my current employer as Developer and claim that the jobs are dissimilar, and use that experience?

I have only few months on my H1, and little worried about.

Thanks in advance for all the advice and help.
 
SanjayKapoor,

It appears that you can apply use/apply for labour certification. I don't think that CIS would make any issue for a month. The experience with current employer does not gets counted towards the experience.

Thanks,
-Honeybee
 
can I not use the experience with the current employer gained in a different position in the same company?

If the DOL has no problems with it, would USCIS care so much?

Also, unitednations I wanted to know specifically your case. If the I-140 gets denied, and we appeal it, can we extend the EAD card? Would that be a problem?
 
May be it is my mistake not interpreting the law before I filed for LC, but the junior lawyer, who is incharge of my case, did not understand and recommend it either.

I called the senior lawyer and he told me, worst comes to worst, I would be able to contest the experience gained in lower rank (Developer) to justify the difference in job responsibities, and use that experience. Also, he is of the opinion that 1 month should not be so much of an issue, but the case would be better without it.

But I donot know whether he is trying to coverup the mistake by the junior lawyer.

[ The 12 months gained with the current employer was before the PD for LC was established. ]

unitednations said:
Just our of curiousity, what does lawyer say about using work experience gained on h-1b? Reason I ask is that many of the qualifications required for 140 seem to be tied to priority date. For example, education qualifications need to be from priority date, you can't use any education you received after that date, ability to pay needs to be from priority date. It would make logical sense that work experience required before priority date could be used. However, I don't know much of this issue.

By the way DOL and uscis contradict each other. For example, one can use combination of experience, education qualifications to get to equivalency of u.s. degree, however, uscis will not allow this unless labor certification specifically states this.

Extending EAD card, technically if uscis denies 140 then all associated applications are denied, including any previously issued EAD's. However, if 140 is appealed then EAD is still good. However, many members have had issues of getting renewals in this situation and even getting intial ead approved once there is RFE on 140.

I'll try to find a link to a lawyer post where they send that an appealed 140/485 should not prevent one from getting EAD renewed. However, uscis uses their broad power not to do this by using the "fraud" issue to not approve subsequent EAD's.
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