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Old 07-16-2007, 01:06 AM
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Join Date: Jun 2007
Posts: 101
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Question Labor / I-140 Experience Interpretation

Hello guys,

As long as I remember one cannot claim the experience with the current employer (who applies for GC for you) when it comes to the labor certification. I'm talking about BEC applications, not PERM. I know you are allowed to claim some of the experience with PERM if you show the job is 50% different.

I was reading through the USCIS manual which was posted by a CORE member (I think) and it was titled something like "How USCIS reviews your application". I cannot find that post to provide a link here.

In the manual on page 9 it ways the following as guidance to the USCIS reviewer:

"You must determine whether the beneficiary has met the minimum education, training, and experience requirements of the labor certification at the time the application for labor certification was filed with DOL. You cannot approve a petition for a preference classification if the beneficiary was not fully qualified for the preference by the priority date of the labor certification"

Am I reading it right ?? It says that the cut off line is the date when the LC was filed not the date you started with the current employer. For some that may not be a big deal but I filed LC after 3 years with the employer. many others are in the same boat...

Anybody can share thoughts on this ??

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