Employer not filing PERM

[rahulsurana]

Hi

My Employer says that I am ineligible for PERM application since I do not have at least 1 year experience after completing my MBA and joining his company. I was recruited from Campus and worked 8 months in India and then transferred here on H1 B. I am still with the same company and have 5+ year of exp.

I have 20 months of experience after my BE (and before MBA) as a lecturer in an Engineering college.

I don't know whether "having at least 1 yr exp" is an internal rule or USCIS rule. Can you please clarify.

Also, I want to stay longer in US. (I have 1 more year on my H1B).

What are the options I have?

Appreciate your response.

Thanks in advance.

[JoeF]

There is no such rule.

The employer of course may have an internal rule.