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pkumar07_02

Registered Users (C)
Hi Guys iam a new member here and iam in very tense situation please help me with this:

I got my labor done (Eb-2 RIR) and iam in the process of applying for I-140.
It was mentioned in the labor application that the position needs Masters plus 3 years expierence before joining my current employer.
I have 1.5 years "full time" expierence as Intern in India while pursuing my BE and
an other 17 months "part time" expierence as Research Assitant in the school while pursuing my Masters Degree AND
10 months "full time" as software engineer in USA while pursuing my MS (using my CPT) and
All this is totalling to 3 years which is fulfilling the requirements as mentioned in the labor application.
My question is it ok to claim part time expierence from school( i do have expierence letters from the school) and also the company i worked in India as Intern While pursuing my Bachelors is no more existing , but iam in touch with a Ex-Employee, So can i get letter from him???
Will INS accept that or will it pose any problems in processing my I-140??? Is there any other documentation that i can show ???

Please help me with this question.
Thanks In advance.
 
It is very difficult.

Normally MS+3 mean you should have 3 years of experience after MS, not before MS. Your attorney is really no good, It is common sense that if a company wants a MS with 3 years experience, how can you count those experience before the MS?
 
My lawyer says that it means the position requires MS but regarding expierence it doesnt have to be after completing MS, becuase expierence can be gained anytime,as some people work for a while and than join MS.
I dont now the whole thing is so confusing for me...
Any more suggestions will be very supportive and thanx for the replies..
 
I don't think the experience has to be after the MS. As long as the experience is related to the field in which the applicant is applying, it should be ok - I think.
 
All.....

I agree with GKing....

If your Approved LC say's Masters with three year's of experience then you should have Master's and three year's of experience after completing your studies (MS).

Get a feedback from 3-4 attorney's before u go further....
 
No I guess it is not correct!!!!

MS+3 years of expereince means you should have MS degree plus 3 years of exp(40 hrs per week). That is why when we send the exp letter we will mention this particulary. offcourse my all exp letters from US and india (i took seperatley) are in this format only .
so, if you have such exp ie overal(before and after together) 3 years plus you will be okay.

good luck
 
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experience

offcourse it should be in the related field.
let say if you have 8 yrs of exp , out of which one yr in computer sc and 7 yrs in other field it will be cosniderd as one yr only . So that is why they say degree + 3 yrs, that does not mean that u should have exp after attaiing the degree . what happen the people who had exp in computers before MS? those exp is ruled out.

one of my firend came here on H1 he had BS+ 3 yrs of exp overall in Computer Sc , after coming here he worked for one year
then he converted to F1 did MS and got H1 working from 8 months , So he had 8 months or 3 yrs 8 months
 
sivak_c

It doesn't matter how much Alltogether your friends has experience. When application goes for LC, one cannot count any experience gained before and during the min requied education level...

Let say there is a Guy who did BS in India and worked there for 3 year's. After that he came to US and finished his Master's and worket for another 1 year. For our simplicity let's assume all the education and experience is in same field. We all know he has BS, MS and all together 4 year's of experience.

Now when employer is applying for his LC, employer has two choice.

1) Use BS and 4 year's of experience.
2) Use MS and 1 year of experience.

If u put a Job requirement saying MS and 4 year's of exp. required, this guy's has no chance. Any exp. taken before min. required education is not allowed. He can only use exp. he got after finishing his MS.
 
Hi,

"""""""""*** - Systems Analyst (DOT definition) - a post secondary diploma of at least 2 years of study is required. The Red River Community College 2 year program Computer/Analyst Programmer qualifies. In addition, you MUST have 3 full years of experience in this same field, either before, during, or after your schooling has completed if you only have a diploma. (Persons with a 4 year university degree do not require any work experience.) Work experience obtained during your study period can qualify if such a position is a paid position, and you have a letter, or documents proving such work experience was related to this field of study. Be prepared to show proof of your three years experience by providing original documents such as employment records, letters of recommendation showing time/date range worked, etc. Your experience must be stated as a Computer Systems Analyst (or Programmer/Analyst). Experience as a "Programmer" may require immigration officials to determine if such experience, on an individual basis, relates to a Computer Systems Analyst. If they determine that such experience as a programmer does not "close enough" fit the description (as per actual NAFTA documents and regulations) of Computer Systems Analyst, they can and will deny you your TN-1 VISA."""""""""


Look at the above paragraph which I read on some web page.
What I feel is experience is counted even when you are studying, if you do the job as 40 hours a week and it is paid job and you are working in the same field as your LC indicates. If your LC is mentioned as full time job, you must have done 40 hours a week job. Part time does not count.

When they ask you should able to produce experience letter from employer stating cleraly all the requirements that must match what specified in ETA-750A form. This is just my opinion. I welcome any comments.
 
PJSReddy

Thanks for your input....

I don't know what to say. I was and I am still under impression that one can't use exp. gained during/before completing min. education requirement demanded by employer during LC Application.

I myself came here back in 95 and graduated from Masters in 1998. According to my attorney's (I had more then 1 in last 3 yr's) I cannot use any work experience I gained before/during Masters. To me producing a experience letter from previous employer was not a big deal. I could have done that in any combination of skills.

I can only hope u r right. It is not only good news for me but I bet u, for a lot of people.

I will get opinion from other's also and I am going to tell them to state/point their view in this thread if they can.....
 
Hi,

One should match minimum requirements specified in 750A to get labour approved: Education, skills, no of years experience in "those" skills and job title.

Now the question is when one acquired or learned those skills, before applying them in a Job. If you have those skills before doing MS, and applied them in your job, then that experience should be counted. In this case, MS education only supplements your experince. For example, if a job need C++ skill, one need not to do bachelor or masters to learn that skill. But certain skills may be learned only doing bachelor or masters. In this case, you cannot convince you already have those skills before doing bachelor or masters.

So the question is when you learned the skills. Do you need masters to learn those skills. Did you applied those skills in any job, which you are showing as years of experince before, after or while doing MS.

This is just what I feel. I welcome any opinions.
 
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