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  • LCA using experience gained from India

    Dear Members

    I have a Masters degree(fall2002 -fall 2005) and I have been working with my current employer for more than one year and they are willing to sponsor my green card.I read in the forum earlier that one cannot use the experience gained from the same company towards the labor certification.But I already gave an advt in the paper stating that the eligibility for the job is Masters with 1 year experience and I am running out of time to go and redo it. That being the case can I use my experience that I gained from India which is from sept 2000 to July 2002.If I can use the experience gained from India how do I state it on the ETA 9089 of the perm which says enter experience gained in the last three years?
    Please advise.

    Thanks,
    Sankar

  • #2
    Dear Members

    I have a Masters degree(fall2002 -fall 2005) and I have been working with my current employer for more than one year and they are willing to sponsor my green card.I read in the forum earlier that one cannot use the experience gained from the same company towards the labor certification.But I already gave an advt in the paper stating that the eligibility for the job is Masters with 1 year experience and I am running out of time to go and redo it. That being the case can I use my experience that I gained from India which is from sept 2000 to July 2002.If I can use the experience gained from India how do I state it on the ETA 9089 of the perm which says enter experience gained in the last three years?
    Please advise.

    Thanks,
    Sankar

    Comment


    • #3
      Sankar, in my opinion you have a very straightforward situation, without any problem at all. The PERM requirement that you should not have gained any qualifying experience "in a position substantially comparable to the job opportunity requested" with your current employer means that you can list any experience gained somewhere else, logically, right? Why this requirement? Of course, without that limitation, an employer applying for PERM bestows upon his alien beneficiary undue advantage over USC applicants. Talk about "equal opportunity employment" and "good faith recruitment effort" in the whole PERM process! Obviously, you're doing your thing on your own. But the whole laborcert process up to your adjustment of status with the USCIS poses multi-faceted challenges every step of the way. I would seek a professional guidance if I were in your place.

      Comment

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