Legal Question in Immigration Law in California

Labor Certification for H1B employee
Hi Everybody,
I''m working in USA on H1B visa and my employer wants to apply for labor certification for me to eventually pursue my greed card application. I've come to know that my experience with my present employer can't be counted towards my experience so far as labor certification is concerned. So what is the way out, cause if I leave this company I may not find another employer who is willing to sponser my green card. Can changing positions in the company make a difference. If yes what constitutes a change in position.
Thanks in advance
Sonu

Asked on 7/23/04, 2:00 pm

2 Answers from Attorneys

Linda Allen Law Offices of LInda M Allen

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Re: Labor Certification for H1B employee

Thank you for your inquiry. Yes, you are correct that your experience with your current company may not be used as experience in support of a labor certification filed by the same company. Further, your labor certification belongs to the company, not to you. As such, you cannot "transfer" this application to a new employer. Our firm routinely handles these types of matters. Please contact me directly if you would like further assistance at 619.233.0900

Sincerely,

Answered on 7/23/04, 2:12 pm

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Myron Morales Lee Lane Smith LLP

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Re: Labor Certification for H1B employee

Actually, there are some circumstances where it can count. Administrative caselaw has established this where there is a significant difference in the job duties. However, whether such exception is applicable to your case would need to be determined by a thorough review of your work history.

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Answered on 7/23/04, 2:44 pm

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