Regarding alternate experience on ETA-9089


indiannusa

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Can any one please explain a little bit more: 

 

I am going to join XYZ company in next one month with job title as SAP Business Intelligence Consultant.

And even before me being on XYZ payroll they are ready to file PERM for me. Below are the details of PERM application:

 

Job title: Sr SAP Consultant 

Education: Bachelors in major field Computer science or any other Engineering related

Experience in job offer required (H.6):  Yes, Bachelors + 5 years

Alternate combination of education and experience acceptable (H.8): Yes, Masters + 3 years 

Experience in alternate occupation acceptable: Yes with 60 months as Computer Software professional

 

Alien details:

Previous job titles: Systems analyst at employer 1 and Specialist master at employer 2 (worked on SAP projects and resume submitted so far to USCIS for H1 transfer etc does have complete SAP duties).

Education: Masters in Electrical & Electronics Engineering in USA

 

  1. As mentioned above job offer in application (H.10) states that an alternate experience is acceptable with 60 months experience (H.10A) with job title as Computer Software professional (H.10B) and form filled by my employer states that alien has the alternate experience but not the required experience, then would the application be denied? 
  2. Even though my previous job titles are Systems analyst & Specialist master my complete experience is on SAP as a consultant. Do we need to have exact titles previously to say "YES" for J.18 & J.19?
  3. Are chances of getting PERM approval more if I am on XYZ payroll? Does it change the probability of approval / denial? 

 

I am little concerned that J.18 & J.19 should say "YES" because my experience is in SAP consulting even though my previous job titles are different.

  • Section J, Question 18 (J.18): Does the alien have the experience as required for the requested job opportunity indicated in question H.6 and the answer is "NO" 
  • Section J, Question 19 (J.19): Does the alien possess the alternate combination of education and experience as indicated in question H.8 and the answer is "NO"
  • Section J, Question 20 (J.20): Does the alien have the experience in an alternate occupation specified in question H.10 and the answer is "YES"

Please provide me suggestions. I am little concerned on the way how PERM was filled by my employer and submitted to me for my review.

 

Thanks a lot for your time.

Edited by indiannusa
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Sit down with the attorney to discuss your questions. It is quite possible that a further discussion will alter his perception of your experience and it can be restated to your benefit.

One quick question..

 

Does PERM offered job title and my previous job titles with my previous employers need to be same inorder to say YES for below questions in PERM FORM 9089? or is it enough if PERM job offered duties and my duties match?

 

Section J, Question 18: Does the alien have the experience as required for the requested job opportunity indicated in question H6

Section J, Question 19: Does the alien possess the alternate combination of education and experience as indicated in question H8

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Only an attorney can properly advise you in your situation.

 

Thanks I consulted attorney from Murthy and I got my question...but still left out with one while I am reviewing the draft submitted for my signature

 

What is meany by "expiration date" in question 8 of section F, Prevailing Wage Information in ETA Form 9089?

 

I received draft today for review and Prevailing wage determination date is 03/04/2013 and expiration is 06/30/2013. Is it still ok to apply PERM online with prevailing wage expiration date already passed?

 

Below are the dates of advertisement:

SWA Job order: 04/03/2013 - 05/03/2013

First newspaper advertisement: 04/21/2013

Second newspaper advertisement: 04/28/2013

Dates posted on employer website: 04/03/2013 - 05/07/2013

Dates listed with job search web site: 04/25/2013 - 05/22/2013

Dates advertised with employee referal: 04/04/2013 - 05/04/2013

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  • 7 months later...

Thanks I consulted attorney from Murthy and I got my question...but still left out with one while I am reviewing the draft submitted for my signature

 

What is meany by "expiration date" in question 8 of section F, Prevailing Wage Information in ETA Form 9089?

 

I received draft today for review and Prevailing wage determination date is 03/04/2013 and expiration is 06/30/2013. Is it still ok to apply PERM online with prevailing wage expiration date already passed?

 

Below are the dates of advertisement:

SWA Job order: 04/03/2013 - 05/03/2013

First newspaper advertisement: 04/21/2013

Second newspaper advertisement: 04/28/2013

Dates posted on employer website: 04/03/2013 - 05/07/2013

Dates listed with job search web site: 04/25/2013 - 05/22/2013

Dates advertised with employee referal: 04/04/2013 - 05/04/2013

 

 

 

Hi Indianusa,

 

I need some help with my current situation which is similar to yours. Since you mentioned that you spoke to murthy attorney, can you please throw some light on my current situation. please find the details below:

 

My Perm application was filed with Masters + 1 year of experience. My question is: 

My application is filed as below: 

H 6. Is experience in the job offered required for the job ? Selected Option : Yes 

H 6-A If Yes, number of months of experience required : 12 

H 10. Is experience in an alternate occupation acceptable? Selected Option : Yes 

H 10-A. If Yes, number of months of experience in alternate occupation required : 12 

J 18. Does the alien have the experience as required for the requested job opportunity indicated in question H.6? NA (selected option) 

J 20. Does the alien have experience in an alternate occupation specified in question H.10? Selected Option : Yes. 

My Question is, Should the lawyer have been selected Yes or No option in the J 18 column instead of NA as they mentioned YES in H 6?. 

Please let me know if my lawyer did this my mistake. I will check with my lawyer once I get your inputs.

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  • 5 years later...

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