I140 - EB2 - Approved using current employer experience

[jcoppo]

Hi Guys,

just want to let you know that I got my I-140 approved using current employer experience.

The job was for code 11.3021 (computer system manager) as Director of Architecture, requirements were bachelor with 7 years of experience.

I have 4 years of experience with prior employers and used 3 years with current employers as business architect and manager of architecture.

My PERM was certified without audit (even though the requirements were not normal for the occupation) and my I-140 approved without RFE.

I'm more than happy to help anybody with questions.

Good luck

[syedz]

Congratulations on getting approved and thanks for willing to share your experiences.

I have an approved EB3 140 from my current employer. Recently got promoted from Snr Developer position to a Managerial level which has greater Job responsibilities compared to prev role as well as a title change. My experience gained at the current employer is 5+ and prior is 1+. With 50% different job duties I was wondering if i could use majority of my current experience 3+ and prior 1+ to a total of 5yrs to qualify for an EB2. I have a 4yr BS degree and MS from US univ. The job requirement will be BS+5yrs no MS.

Can you share your thoughts please? My current employer is willing to file for an EB2.

Thanks

[samy77]

Hi jcoppo - In your case , was the 3 years experience at the current employer gained in the same position as mentioned on your PERM or is this a job change at the current employer?

[bjain]

Hi Jcoppo,

Can you please let us know if the Role specified in your PERM is same with that of your H1B as well? I mean when ever you applied for your H1 did you apply as manger/architect, reason I am asking is what other documents you need to prove that you were promoted in same company.

Thanks

[vanvi]

Hi, Jcoppo. Congratulations!! I am in similar situation where i joined the company with 4 years experience and the management is ready to promote me to the next level. I job duties are around 40% different for the new position, but my company immigration department is not ready to file for a new PERM as my existing PERM can be ported over to the new position.

I am still trying to convince them, lets hope they agree and file new PERM.

Thanks.

[jcoppo]

Hi Jcoppo,

Can you please let us know if the Role specified in your PERM is same with that of your H1B as well? I mean when ever you applied for your H1 did you apply as manger/architect, reason I am asking is what other documents you need to prove that you were promoted in same company.

Thanks

The role in my PERM and my H1B were not the same back then, if you use current employer experience it has to be experience different from the one for the PERM. The PERM is for future employment. It's all about requirements: if you say a director position needs 7 years of experience, you cannot use 3 years of current employer experience as a Director, because it meant that you were already a Director with only 4 years of experience.