allur Posted February 28, 2013 Report Share Posted February 28, 2013 EB2 I 140 RFE stated that i have gained less than 60 months experience(Per USCIS comments, i have 52 months exp) after my India PG degree though i have 10 years experience after my UG degree. My Perm filed 1 year after i joined my current employer. Can i show my current company experience (8 months experience) to USCIS to cover the Gap? Please note that my PERM labor certification section J21 stated that i have not gained any experience with current company. Here is my details Please note that Labor certification section J21 stated that i did not gain any experience from current employer. USCIS considered my PG is equivalent to US bachelor degree. My experience summary Total Experience 10 years based on my 3 Years degree completion before joined my current employer. Previous company experience 52 months(after my PG) and current employer experience is 15 months before PERM file. Education Summary B.Sc (Computer Science - 3 Years) completed on 2001 M.Sc ( Computer Science - 2 Years completed on 2006 Please advise me how to proceed. Link to comment
JoeF Posted February 28, 2013 Report Share Posted February 28, 2013 Experience with the current employer generally can not be used, unless the GC position is at least 50% different from the current position. Link to comment
allur Posted March 5, 2013 Author Report Share Posted March 5, 2013 Are you meaning that my labor job details (offered job position)should be 50% different than the current job duties of same company? And also my attorney stated that we can show current company experience until I filed the labor document? Would it help on this and share your thought on this? Link to comment
JoeF Posted March 5, 2013 Report Share Posted March 5, 2013 Are you meaning that my labor job details (offered job position)should be 50% different than the current job duties of same company? Yes. And also my attorney stated that we can show current company experience until I filed the labor document? Show for what? For the PERM, the experience with the current company can NOT be used. Link to comment
Attorney_25 Posted March 6, 2013 Report Share Posted March 6, 2013 Are you meaning that my labor job details (offered job position)should be 50% different than the current job duties of same company? ... The first 8 months (adding to full 60 months total) of your work with current employer must be at least 51% different than the offered job. Link to comment
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