I began work at Company X in 2003 under a junior title. In 2007, I was given a Senior post that required a host of new qualifications not required for the junior title. A PERM ad was placed and a PERM app filed in Nov 2007. On Jan 22, 2007, the app was rejected. My PERM application was denied for the following reason:
"The alien did not meet the employer's minimum education, training, and experience requirements, as listed in Section H, at the time of hire. Employer's requirements are a Doctorate in Biochemistry and 36 months experience in job offered. Section K, demonstrates the foreign worker did not have 36 months experience in the job offer and gained the required qualifying experience in a substantially comparable position, with this employer. Therefore, the requirements in Section H cannot represent the employer's actual minimum requirements."
How can one respond to this kind of rejection? My H-1B expires June 1, 2008.
"The alien did not meet the employer's minimum education, training, and experience requirements, as listed in Section H, at the time of hire. Employer's requirements are a Doctorate in Biochemistry and 36 months experience in job offered. Section K, demonstrates the foreign worker did not have 36 months experience in the job offer and gained the required qualifying experience in a substantially comparable position, with this employer. Therefore, the requirements in Section H cannot represent the employer's actual minimum requirements."
How can one respond to this kind of rejection? My H-1B expires June 1, 2008.