pankaj95 Posted February 23, 2011 Report Share Posted February 23, 2011 hi, I am working for current company for last 8 years. I have three years of prior work experience in India, and 4 years B.E. degree from India. I got PERM approval for EB-2 last week. Now I am ready to file I-140. But I noticed, In the ETA Form 9089, on page no.6 , line J-21, 'NO' is check marked for the question did the alien gain any of the qualifying experience with the employer in a position substantially comparable to the job opportunity requested ? If we do not count experience with the current employer, I have only 3 years of expirence which is not enough for EB-2. what is my options now ? Link to comment
Attorney_14 Posted February 24, 2011 Report Share Posted February 24, 2011 Most likely whoever prepared your case properly checked the box since the experience you gained even with the sponsoring employer was not in a position substantially comparable to the job opportunity requested, otherwise you would not be able to use that experience to qualify you for the position. I recommend that you contact a knowledgeable immigration attorney in regard to your case so that they can review exactly what was filed for you and make sure that it was prepared correctly and discuss your options if it was not\. The Murthy Law Firm has a very well-regarded Greencard Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys. Link to comment
jcoppo Posted February 24, 2011 Report Share Posted February 24, 2011 Hi, the thing is that you can count the current employer experience only if it is in a job that is substantially different. So the only way to use your current employer experience is by answering no to this questions. Joe Link to comment
direv202 Posted May 18, 2011 Report Share Posted May 18, 2011 Even I am facing the similar problem for my I 140. In my case I worked in India for 6 years before I came here in 2007. Now the USCIS wants an experience letter from my first company, which unfortunately has closed down. I tried getting in touch with my ex- colleagues to get a notarized letter from them but of no avail. I have submitted my offer letter, salary certificate and releaving letter, but they are insisting on the experience letter. Please advise me if there is any other way around. Link to comment
gauravs04 Posted May 18, 2011 Report Share Posted May 18, 2011 Hi Pankaj, Did you file your 140 ? I am in a similar situation as you, so wanted to know. Thanks Link to comment
SameerH1Bworker Posted May 18, 2011 Report Share Posted May 18, 2011 @direv202 So, did USCIS send you another RFE after submitting joining letters from previous company? Link to comment
Jacklemind Posted May 31, 2011 Report Share Posted May 31, 2011 direv202 - submitting your offer letter, salary certificate and revealing letter does not provide the details of the job you performed, specifically, the experience you gained. Your Labor is based on the current job experience, your best bet is to get a letter from any of your old colleagues Link to comment
allur Posted February 28, 2013 Report Share Posted February 28, 2013 Hi Pankaj / Attorney, My case also same as Pankaj95 and here is my RFE details B2 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. Thanks Ilay Link to comment
catx Posted February 28, 2013 Report Share Posted February 28, 2013 As posted above, experience gained with the employer filing the PERM labor certification application and subsequent I-140 petition cannot be counted, except in those cases where the experience gained with the employer was in a different job with at least 51% different responsibilities. The 51% different responsibilities is often difficult to satisfy, i.e. the experience was from a job with different responsibilities and at the samd time directly applies to the job in the filings. Promotions with more responsibility are not considered different responsibilities. Link to comment
allur Posted March 5, 2013 Report Share Posted March 5, 2013 What are all the options do I have for approval? Please suggest me. My attorney stated that I can show my current company experience until I filed the labor application. Link to comment
catx Posted March 5, 2013 Report Share Posted March 5, 2013 My attorney stated that I can show my current company experience until I filed the labor application. That is not correct. Only experience gained before you joined the employer can be counted regardless of when the company files the PERM labor certification application (with the exception of the noted 51% different job responsibilities). Hopefully one of the forum immigration attorneys will post a reply confirmation. Link to comment
robo888 Posted February 12, 2015 Report Share Posted February 12, 2015 Hi Allur, Did your I-140 got approved? I am in the same state now. Please let me know Link to comment
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