Tavo

Hi,

I currently hold and H1-B (valid until June-2007) with employer B . I
work as a software developer.

When I first got my H1-B with employer A, I had an associate degree in
computer science and 8 years of experience in my foreign country. I was
qualified in the States as an equivalent to an individual with a
"Bachelor in Computer Science".
I switched employers 1 year ago from employer A to B.

Working for employer B (current employer) I got my "Bachelor in
Computer Science" (online) in my foreign country and 3 years of
experience in the States with employer A and want to apply for Green
Card trough employment.

My question is:
Can I use for the LABOR CERTIFICATION application the bachelor that I
just got, to be qualified in the States as a "B.S in Computer Science",
outside of my work experience?
The thing is that when I began to work for my current employer, I
hadn't graduated yet, but was already sudying to get the degree.

I have the dilema, because the Lawyer who made the paperwork to get the
H1-B recommended me to complete the bachelor (2 years ago) before
applying for residence, and that's what I did, but another lawyer told
me yesterday that I could not use the bachelor for labor certificate
purposes, because I didn't had the bachelor BEFORE I STARTED TO WORK
WITH the employer that will sponsor me, So I don't know which lawyer is
right !!!

I appreciate any advice.
Thank you.

Ingo Pakleppa

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tavo wrote:

    > Hi,
    >
    > I currently hold and H1-B (valid until June-2007) with employer B . I
    > work as a software developer.
    >
    > When I first got my H1-B with employer A, I had an associate degree in
    > computer science and 8 years of experience in my foreign country. I was
    > qualified in the States as an equivalent to an individual with a
    > "Bachelor in Computer Science".
    > I switched employers 1 year ago from employer A to B.
    >
    > Working for employer B (current employer) I got my "Bachelor in
    > Computer Science" (online) in my foreign country and 3 years of
    > experience in the States with employer A and want to apply for Green
    > Card trough employment.
    >
    > My question is:
    > Can I use for the LABOR CERTIFICATION application the bachelor that I
    > just got, to be qualified in the States as a "B.S in Computer Science",
    > outside of my work experience?
    > The thing is that when I began to work for my current employer, I
    > hadn't graduated yet, but was already sudying to get the degree.

You can only use those qualifications you had when you joined your current
employer.

    > I have the dilema, because the Lawyer who made the paperwork to get the
    > H1-B recommended me to complete the bachelor (2 years ago) before
    > applying for residence, and that's what I did, but another lawyer told
    > me yesterday that I could not use the bachelor for labor certificate
    > purposes, because I didn't had the bachelor BEFORE I STARTED TO WORK
    > WITH the employer that will sponsor me, So I don't know which lawyer is
    > right !!!

Unfortunately, I think the second lawyer is right. The first one may have
overlooked that you were already working there, or something like that.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Tavo

This is a kind of confuse because I sent an email to a lawyer in L.A
California, and he told me it was not a problem. I guess I have to
confirm this with the DOL. I'm not sure if they are willing to help me
with this issue, but I will try.

Thank you so much for your advice.

Ingo Pakleppa

tavo wrote:

    > This is a kind of confuse because I sent an email to a lawyer in L.A
    > California, and he told me it was not a problem. I guess I have to
    > confirm this with the DOL. I'm not sure if they are willing to help me
    > with this issue, but I will try.

DOL does not make that decision, but rather USCIS (although I think they are
working closely with DOL on this).

DOL merely certifies that there is no American worker who could take your
job. I believe they do look at your qualifications as well, but only as a
courtesy to USCIS, not because it is part of their job.

USCIS will then compare your qualifications to the job.

Oh, and don't bother asking USCIS for any kind of legal opinion. They are
notorious for giving you bad answers; some people got deported for it. Not
completely surprising, because all the people you are likely to talk to are
front-line attendants, essentially secretarial level people without legal
training. The people with law degrees work behind the scenes, inaccessible
to you.

--
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.

Jonathan McNeil Wong

Ingo Pakleppa (see Web site for email) wrote:
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    > Hash: SHA1
    >
    > tavo wrote:
    >
    >
    >>Hi,
    >>I currently hold and H1-B (valid until June-2007) with employer B . I
    >>work as a software developer.
    >>When I first got my H1-B with employer A, I had an associate degree in
    >>computer science and 8 years of experience in my foreign country. I was
    >>qualified in the States as an equivalent to an individual with a
    >>"Bachelor in Computer Science".
    >>I switched employers 1 year ago from employer A to B.
    >>Working for employer B (current employer) I got my "Bachelor in
    >>Computer Science" (online) in my foreign country and 3 years of
    >>experience in the States with employer A and want to apply for Green
    >>Card trough employment.
    >>My question is:
    >>Can I use for the LABOR CERTIFICATION application the bachelor that I
    >>just got, to be qualified in the States as a "B.S in Computer Science",
    >>outside of my work experience?
    >>The thing is that when I began to work for my current employer, I
    >>hadn't graduated yet, but was already sudying to get the degree.
    >
    >
    > You can only use those qualifications you had when you joined your current
    > employer.
    >
    >
    >>I have the dilema, because the Lawyer who made the paperwork to get the
    >>H1-B recommended me to complete the bachelor (2 years ago) before
    >>applying for residence, and that's what I did, but another lawyer told
    >>me yesterday that I could not use the bachelor for labor certificate
    >>purposes, because I didn't had the bachelor BEFORE I STARTED TO WORK
    >>WITH the employer that will sponsor me, So I don't know which lawyer is
    >>right !!!
    >
    >
    > Unfortunately, I think the second lawyer is right. The first one may have
    > overlooked that you were already working there, or something like that.


This is a complex issue made more complex by the fact that PERM has
changed the rules -- but the old rules still apply if you have a legacy
labor certification pending.

Ask your immigration lawyer whether Delitizer applies. If the lawyer
doesn't know what you are talking about, find another lawyer. This
evaluation is very fact-specific -- not appropriate for general
responses in a forum like this.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

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Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
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