PERM filing with CPT, OPT, STEM OPT for the same company.

[Thien N]

Hi all,

My company is sponsoring me a green card.

 

I worked for A0 from 2/1/2016-5/13/2016 (CPT), from 5/13/2016-3/5/2017(OPT).

 

Then I work under A1 from 3/5/2017-5/13/2017 (OPT), then from 5/13/2017-now (STEM OPT).

Note that A0 and A1 are two entities which are related to each other. They reside at the same location (same address) with different EIN.

 

My I20 states as below:

 

The attorney just finished wage prevailing, and is starting to do PERM, however, he/she said that

Quote

"The regulations do not allow employees to use work experience with the employer to qualify for a PERM position with the same employer."

 

Then he asked me to tell the DSO to change the POST COMPLETION OPT company to A0.

 

I asked DSO, they said that I20 only reflects most up-to-date information. By the time I was requesting STEM OPT (thus this I20 was issue), I was already working at A1, so the I20 will be as above.

 

I wonder if what attorney said is true. Is there any source for this? I kind of find this one being non-sense (at least to me).

 

Please help.

Thanks.

[JoeF]

The lawyer is right. It is in the law.

You can't use experience from the same company unless the GC job is at least 50% different from the current job.