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RFEs and specific queries RFEs and specific queries during Labor certification stage.

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  #1  
Old 11-26-2007, 10:36 AM
BEC_fog BEC_fog is offline
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Unhappy I-140 RFE: experience on CPT and OPT valid?

If the job description has an experience requirement, then is the experience on CPT and OPT during your student visa valid IF it is with the same company sponsoring the GC and you have just worked with that company only?

Thanks in advance for your responses.
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  #2  
Old 11-26-2007, 12:02 PM
apatel_17 apatel_17 is offline
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Default Typically, yes.

Quote:
Originally Posted by BEC_fog View Post
If the job description has an experience requirement, then is the experience on CPT and OPT during your student visa valid IF it is with the same company sponsoring the GC and you have just worked with that company only?

Thanks in advance for your responses.
Typically, Yes. I believe the requirement is that the work experience should be for a "paid position." Typically work done for a company as part of an academic program, like a university course, is not valid. (Unless it was done for pay). Also, if it's with the same employer that's sponsoring your GC, the job should be materially different from the one your LC is filed for. This is sensitive, so please do check with a lawyer.
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  #3  
Old 11-26-2007, 01:22 PM
ashkam ashkam is offline
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Originally Posted by BEC_fog View Post
If the job description has an experience requirement, then is the experience on CPT and OPT during your student visa valid IF it is with the same company sponsoring the GC and you have just worked with that company only?

Thanks in advance for your responses.
If it was the same job position as has been applied for the GC (does not matter if it was for CPT or OPT), then no, you cannot use the experience. If it is a different position, you may be asked to prove it. This is to the best of my knowledge.
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  #4  
Old 11-26-2007, 01:40 PM
Dhundhun Dhundhun is offline
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I think, the H1B experience requirement of US students and people coming from abroad is not exactly similar. Because, students work as OPT and CPT seems (I am not sure how) to be counting towards experience. Otherwise, a company, where you did OPT and/or CPT can't hire you.

For others, it is strictly followed that the experiences should be from previous companies and not the company filing GC.

Some excerpts from:
http://www.apwa.net/Publications/Rep...CLE_NUMBER=977

"The organization will then pursue sponsorship for the individual prior to expiration of OPT. There is a cost associated with this sponsorship. The modest cost of a current petition for H1-B is $2,185.00 for the first three years and $1,685.00 for the next three years. If allowing for the possible employment under CPT, OPT and H1-B, the employee can be working and contributing to the organization for up to seven years. After which a Permanent Resident Card, Form I-551 "green card" could be obtained at the cost of the individual.

This method to obtain authorization to work in the United States under Curricular Practical Training (CPT), Optional Practical Training (OPT) and Authorization for a Nonimmigrant (H1-B) has produced positive results for our organization."
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  #5  
Old 11-26-2007, 01:54 PM
glus glus is offline
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Quote:
Originally Posted by BEC_fog View Post
If the job description has an experience requirement, then is the experience on CPT and OPT during your student visa valid IF it is with the same company sponsoring the GC and you have just worked with that company only?

Thanks in advance for your responses.
In general, one can't use experience gained in the same company that sponsors him/her unless the position specified on the PERM differs from the one on which one gained the experience by at least 50% in duties. Consult a good attorney before doing PERM.

J
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  #6  
Old 12-21-2007, 08:26 PM
aat0995 aat0995 is offline
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did u have previous experience in your home country? if yes, use that
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