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hello all, I am on my sixth year h1-b expiring on 17th sept 2013. I recent got my labor approved and was preparing the i-140 application with my lawyer. I did my masters here in US graduated 2006 and since then I have been working for the same company as of current. I was going to apply for my i-140 premium and once approved apply for my 3 year h1b in time before sept 17. My company filed for my PERM. However my lawyer mentioned me that in section H "Job opportunity information" the minimum education level required stated was bachelors with 60 months (5 years) experience required and it was checkmarked >>>
Yes in alternate acceptable field of study and marked
NO in acceptable alternate combination of education
The above entrys prevent my I-140 in being approved , very less chances since What the above entails is that i need to have 5 years of experience (with a different employer) to be eligible for this job even though I have been with this employer for more than 7 years after my masters. Apparently experience with the same employer doest not count. Please let me know if anyone has come across similar cases and what you have done about it. My lawyer recommends filing the i-140 regular processing anyway as there is a 10% chance of it being approved, applying for my H1B recapture time of bout 6 mnths that will keep me safe till feb 2014. Does the labor need to be re-filed in order to correct this process?
Further, since the labor was filed with Min requirement of Bachelors degree + 5 years experience and no alternate combination of education & experience, wont me having a Masters degree from the US + 7 years work exp with current employer and a bachelors degree from my home country (India) make me eligible at least for EB3 category in the I-140 application? Im really trying to find out how strong my I-140 application can be and ideally they should have applied for the eb2 category.
JUST TO RE-ITERATE>>
What the lawyer is saying is that the way the job order is drafted in the labor, i do not qualify for the job>>
Education min level Required - bachelors
Major field of study: Fine Arts, Computer animation
Experience in the job offered required for job (YES) No. of months: 60 (5 yrs)
Acceptable alternate field of study (Yes) - graphic design or related technical field
Alternate combination of education and experience acceptable? (NO)
Foreign educational equivalent acceptable? (Yes)
And I have done my bachelors from india, Masters from US (2006 grad) , and 7 yrs work experience with same company in US since 2006. My masters is in Computer animation!!My company has filed for my PERM not my lawyer.
Please share your thoughts!!
Yes in alternate acceptable field of study and marked
NO in acceptable alternate combination of education
The above entrys prevent my I-140 in being approved , very less chances since What the above entails is that i need to have 5 years of experience (with a different employer) to be eligible for this job even though I have been with this employer for more than 7 years after my masters. Apparently experience with the same employer doest not count. Please let me know if anyone has come across similar cases and what you have done about it. My lawyer recommends filing the i-140 regular processing anyway as there is a 10% chance of it being approved, applying for my H1B recapture time of bout 6 mnths that will keep me safe till feb 2014. Does the labor need to be re-filed in order to correct this process?
Further, since the labor was filed with Min requirement of Bachelors degree + 5 years experience and no alternate combination of education & experience, wont me having a Masters degree from the US + 7 years work exp with current employer and a bachelors degree from my home country (India) make me eligible at least for EB3 category in the I-140 application? Im really trying to find out how strong my I-140 application can be and ideally they should have applied for the eb2 category.
JUST TO RE-ITERATE>>
What the lawyer is saying is that the way the job order is drafted in the labor, i do not qualify for the job>>
Education min level Required - bachelors
Major field of study: Fine Arts, Computer animation
Experience in the job offered required for job (YES) No. of months: 60 (5 yrs)
Acceptable alternate field of study (Yes) - graphic design or related technical field
Alternate combination of education and experience acceptable? (NO)
Foreign educational equivalent acceptable? (Yes)
And I have done my bachelors from india, Masters from US (2006 grad) , and 7 yrs work experience with same company in US since 2006. My masters is in Computer animation!!My company has filed for my PERM not my lawyer.
Please share your thoughts!!
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