GC/PERM experience and education in parallel

[Dreamflower 0]

Hello,

My employer (Employer C) is initiating my PERM (GC) process. Please find the details below.

Job requirement: Maters + (2 – 7) years of experience

My education qualifications: Masters degree (Aug 2005 – Dec 2006)

Bachelors degree (May 2001 – June 2005)

My experience: Employer A – 1 year (Nov 2003 – Dec 2004)

Employer B – 1 year (May 2007 – Apr 2008)

Employer C – 3 years (May 2008 – Current)

As Employer C is applying for my GC, I cannot use 3 years of the experience I have at this employer (as the position and job responsibilities are same). So I am left with 2 years of experience which I have to prove in order to qualify for this PERM/GC process.

Question: As you can see from above details, when I was working at Employer A, I was also studying my Bachelors degree. I was working at Employer A as a full time employee.

Can I use this 1 year of experience at Employer A towards my GC? Will there be any RFI’s saying ‘how I was working full time and also pursuing Bachelors’ or any other questions which may be raised by USCIS?

Highly appreciate your time and help!

Kind regards

[Gosia & Tito 199]

Hello,

My employer (Employer C) is initiating my PERM (GC) process. Please find the details below.

Job requirement: Maters + (2 – 7) years of experience

My education qualifications: Masters degree (Aug 2005 – Dec 2006)

Bachelors degree (May 2001 – June 2005)

My experience: Employer A – 1 year (Nov 2003 – Dec 2004)

Employer B – 1 year (May 2007 – Apr 2008)

Employer C – 3 years (May 2008 – Current)

As Employer C is applying for my GC, I cannot use 3 years of the experience I have at this employer (as the position and job responsibilities are same). So I am left with 2 years of experience which I have to prove in order to qualify for this PERM/GC process.

Question: As you can see from above details, when I was working at Employer A, I was also studying my Bachelors degree. I was working at Employer A as a full time employee.

Can I use this 1 year of experience at Employer A towards my GC? Will there be any RFI’s saying ‘how I was working full time and also pursuing Bachelors’ or any other questions which may be raised by USCIS?

Highly appreciate your time and help!

Kind regards

Yes on your question on experience, No on the question you have on USCIS wondering how you were working and studying.

For this kind of adjustment, the key is how your attorney presents your case in terms of the job requirements and what is the labor market in the area where you are. Labor certification is the key element as you probably already know, from there on it will be relative simpler.

Another key aspect is how the announcement for this position is posted, as you well know the labor market is high on the supply side, unless you have a very specific and difficult to find skill set; however, the posting cannot be too narrow either. As I said, how your attorney presents the case and in general oversees the process is how your case will be.

Assuming of course that you have an experienced attorney in H1-B to GC adjustment.

For what is worth, I was doing a MS as I was adjusting to GC, but this was in 1995-96; very long ago and things have changed. Good luck!