LC cert. for future position.
Oct 16th 2003, 5:30 pm
#1
Guest
Posts: n/a
LC cert. for future position.
Hi there,
For my LC, we are thinking it would be a good idea to use a position that my
company can see me fulfilling in the future. Since you're not required to be
in that job officially until the GC is officially issued, they are willing
to consider this.
There are two choices on the table... one: a promotion from my current
position up one level but still reporting to the same dept. and VP, or two:
a change to a completely different dept in the company that reports to a
different VP (in our company VPs are the execs that report to the CEO).
So my question is, given that we will be going for a LC for one of these two
scenarios, do either of them allow me to use experience I've gained while in
my current position? Even though this position is with the same company, it
is a DIFFERENT position than the 2 possible candidates for LC (one of which
is in a completely different dept.).
Does anyone know if there is any precedent to this? If they do not allow
this, how can I get the necessary experience to pass a LC without leaving my
job and getting another?
Any help would be appreciated.
G
For my LC, we are thinking it would be a good idea to use a position that my
company can see me fulfilling in the future. Since you're not required to be
in that job officially until the GC is officially issued, they are willing
to consider this.
There are two choices on the table... one: a promotion from my current
position up one level but still reporting to the same dept. and VP, or two:
a change to a completely different dept in the company that reports to a
different VP (in our company VPs are the execs that report to the CEO).
So my question is, given that we will be going for a LC for one of these two
scenarios, do either of them allow me to use experience I've gained while in
my current position? Even though this position is with the same company, it
is a DIFFERENT position than the 2 possible candidates for LC (one of which
is in a completely different dept.).
Does anyone know if there is any precedent to this? If they do not allow
this, how can I get the necessary experience to pass a LC without leaving my
job and getting another?
Any help would be appreciated.
G
Oct 17th 2003, 7:19 am
#2
Guest
Posts: n/a
Re: LC cert. for future position.
Unfortunately, I don't think this strategy will work.
The problem is that Department of Labor would say "OK, so they are
grooming him for this particular position. Why don't they groom an
American instead?" This is the exact reason why Department of Labor only
considers experience that you had when you started working for that
company.
Plus, of course you cannot use experience that you merely promise to have
at some point in the future - you must already have all qualifications
today.
On Thu, 16 Oct 2003 17:30:05 +0000, G. Filicetti wrote:
> Hi there,
>
> For my LC, we are thinking it would be a good idea to use a position
> that my company can see me fulfilling in the future. Since you're not
> required to be in that job officially until the GC is officially issued,
> they are willing to consider this.
>
> There are two choices on the table... one: a promotion from my current
> position up one level but still reporting to the same dept. and VP, or
> two: a change to a completely different dept in the company that reports
> to a different VP (in our company VPs are the execs that report to the
> CEO).
>
> So my question is, given that we will be going for a LC for one of these
> two scenarios, do either of them allow me to use experience I've gained
> while in my current position? Even though this position is with the same
> company, it is a DIFFERENT position than the 2 possible candidates for
> LC (one of which is in a completely different dept.).
>
> Does anyone know if there is any precedent to this? If they do not allow
> this, how can I get the necessary experience to pass a LC without
> leaving my job and getting another?
>
> Any help would be appreciated.
>
> G
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
The problem is that Department of Labor would say "OK, so they are
grooming him for this particular position. Why don't they groom an
American instead?" This is the exact reason why Department of Labor only
considers experience that you had when you started working for that
company.
Plus, of course you cannot use experience that you merely promise to have
at some point in the future - you must already have all qualifications
today.
On Thu, 16 Oct 2003 17:30:05 +0000, G. Filicetti wrote:
> Hi there,
>
> For my LC, we are thinking it would be a good idea to use a position
> that my company can see me fulfilling in the future. Since you're not
> required to be in that job officially until the GC is officially issued,
> they are willing to consider this.
>
> There are two choices on the table... one: a promotion from my current
> position up one level but still reporting to the same dept. and VP, or
> two: a change to a completely different dept in the company that reports
> to a different VP (in our company VPs are the execs that report to the
> CEO).
>
> So my question is, given that we will be going for a LC for one of these
> two scenarios, do either of them allow me to use experience I've gained
> while in my current position? Even though this position is with the same
> company, it is a DIFFERENT position than the 2 possible candidates for
> LC (one of which is in a completely different dept.).
>
> Does anyone know if there is any precedent to this? If they do not allow
> this, how can I get the necessary experience to pass a LC without
> leaving my job and getting another?
>
> Any help would be appreciated.
>
> G
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
Oct 17th 2003, 9:30 pm
#3
Guest
Posts: n/a
Re: LC cert. for future position.
Well, that's the thing. Right now, today, I have the skills necessary for
this position. They wouldn't be grooming me, they just want me in that
position, and as it stands, I fulfill the requirements of the job.
The only caveat is, that most of those skills were gained at this company in
a lower position, I did not have them when I first joined years ago.
However, since this is a new position, shouldn't I be able to count
experience in another position at the same company?
G
PS... I'm questioning my lawyer along the same lines, but I just wanted to
get a difference prespective in here.
"Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
news
[email protected]...
> Unfortunately, I don't think this strategy will work.
> The problem is that Department of Labor would say "OK, so they are
> grooming him for this particular position. Why don't they groom an
> American instead?" This is the exact reason why Department of Labor only
> considers experience that you had when you started working for that
> company.
> Plus, of course you cannot use experience that you merely promise to have
> at some point in the future - you must already have all qualifications
> today.
> On Thu, 16 Oct 2003 17:30:05 +0000, G. Filicetti wrote:
> > Hi there,
> >
> > For my LC, we are thinking it would be a good idea to use a position
> > that my company can see me fulfilling in the future. Since you're not
> > required to be in that job officially until the GC is officially issued,
> > they are willing to consider this.
> >
> > There are two choices on the table... one: a promotion from my current
> > position up one level but still reporting to the same dept. and VP, or
> > two: a change to a completely different dept in the company that reports
> > to a different VP (in our company VPs are the execs that report to the
> > CEO).
> >
> > So my question is, given that we will be going for a LC for one of these
> > two scenarios, do either of them allow me to use experience I've gained
> > while in my current position? Even though this position is with the same
> > company, it is a DIFFERENT position than the 2 possible candidates for
> > LC (one of which is in a completely different dept.).
> >
> > Does anyone know if there is any precedent to this? If they do not allow
> > this, how can I get the necessary experience to pass a LC without
> > leaving my job and getting another?
> >
> > Any help would be appreciated.
> >
> > G
> --
> Remember, I am strictly a layperson without any legal training. I
encourage
> everybody to seek competent legal counsel rather than relying on usenet
> newsgroups.
> Please support H.R. 539, H.R. 832 and S. 1510. More information at
> http://www.kkeane.com/lobbyspousal-faq.shtml
> Please visit my new FAQ at http://www.kkeane.com (always under
construction)
> My email address in usenet posts is now invalid for spam protection. See
> my Web site for information on how to contact me.
> Now with new photos! Please feel free to enjoy some of my photographs at
my
> new Web site http://www.ingopakleppa.com ! Comments are welcome.
this position. They wouldn't be grooming me, they just want me in that
position, and as it stands, I fulfill the requirements of the job.
The only caveat is, that most of those skills were gained at this company in
a lower position, I did not have them when I first joined years ago.
However, since this is a new position, shouldn't I be able to count
experience in another position at the same company?
G
PS... I'm questioning my lawyer along the same lines, but I just wanted to
get a difference prespective in here.
"Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
news
[email protected]...> Unfortunately, I don't think this strategy will work.
> The problem is that Department of Labor would say "OK, so they are
> grooming him for this particular position. Why don't they groom an
> American instead?" This is the exact reason why Department of Labor only
> considers experience that you had when you started working for that
> company.
> Plus, of course you cannot use experience that you merely promise to have
> at some point in the future - you must already have all qualifications
> today.
> On Thu, 16 Oct 2003 17:30:05 +0000, G. Filicetti wrote:
> > Hi there,
> >
> > For my LC, we are thinking it would be a good idea to use a position
> > that my company can see me fulfilling in the future. Since you're not
> > required to be in that job officially until the GC is officially issued,
> > they are willing to consider this.
> >
> > There are two choices on the table... one: a promotion from my current
> > position up one level but still reporting to the same dept. and VP, or
> > two: a change to a completely different dept in the company that reports
> > to a different VP (in our company VPs are the execs that report to the
> > CEO).
> >
> > So my question is, given that we will be going for a LC for one of these
> > two scenarios, do either of them allow me to use experience I've gained
> > while in my current position? Even though this position is with the same
> > company, it is a DIFFERENT position than the 2 possible candidates for
> > LC (one of which is in a completely different dept.).
> >
> > Does anyone know if there is any precedent to this? If they do not allow
> > this, how can I get the necessary experience to pass a LC without
> > leaving my job and getting another?
> >
> > Any help would be appreciated.
> >
> > G
> --
> Remember, I am strictly a layperson without any legal training. I
encourage
> everybody to seek competent legal counsel rather than relying on usenet
> newsgroups.
> Please support H.R. 539, H.R. 832 and S. 1510. More information at
> http://www.kkeane.com/lobbyspousal-faq.shtml
> Please visit my new FAQ at http://www.kkeane.com (always under
construction)
> My email address in usenet posts is now invalid for spam protection. See
> my Web site for information on how to contact me.
> Now with new photos! Please feel free to enjoy some of my photographs at
my
> new Web site http://www.ingopakleppa.com ! Comments are welcome.
Oct 18th 2003, 7:52 pm
#4
Guest
Posts: n/a
Re: LC cert. for future position.
There are rare cases where you can count such experience, but usually DoL
does not accept that. They basically use the same reasoning I used in my
previous post: "the company could have hired an American and gave him the
experience". So you would still have to prove that there was no American
who had the qualifications needed to even start getting the experience.
The only situation where such experience could count would be if the new
position is so completely dissimilar to the one you are holding now that
you can't possibly view this as grooming - maybe changing from chemical
engineering to accounting. Of course, these same situations are also,
almost by definition, situations where the experience you gained won't
actually be helpful. In this example, it would only work if you, on your
own initiative, went to accounting school (if the company paid for it, one
could once again argue that they should have paid for an American's
tuition instead!).
On Fri, 17 Oct 2003 21:30:07 +0000, G. Filicetti wrote:
> Well, that's the thing. Right now, today, I have the skills necessary
> for this position. They wouldn't be grooming me, they just want me in
> that position, and as it stands, I fulfill the requirements of the job.
>
> The only caveat is, that most of those skills were gained at this
> company in a lower position, I did not have them when I first joined
> years ago. However, since this is a new position, shouldn't I be able to
> count experience in another position at the same company?
>
> G
>
> PS... I'm questioning my lawyer along the same lines, but I just wanted
> to get a difference prespective in here.
>
> "Ingo Pakleppa - see web site for email" <[email protected]> wrote in
> message news[email protected]...
>> Unfortunately, I don't think this strategy will work.
>> The problem is that Department of Labor would say "OK, so they are
>> grooming him for this particular position. Why don't they groom an
>> American instead?" This is the exact reason why Department of Labor
>> only considers experience that you had when you started working for
>> that company.
>> Plus, of course you cannot use experience that you merely promise to
>> have at some point in the future - you must already have all
>> qualifications today.
>> On Thu, 16 Oct 2003 17:30:05 +0000, G. Filicetti wrote:
>> > Hi there,
>> >
>> > For my LC, we are thinking it would be a good idea to use a position
>> > that my company can see me fulfilling in the future. Since you're not
>> > required to be in that job officially until the GC is officially
>> > issued, they are willing to consider this.
>> >
>> > There are two choices on the table... one: a promotion from my
>> > current position up one level but still reporting to the same dept.
>> > and VP, or two: a change to a completely different dept in the
>> > company that reports to a different VP (in our company VPs are the
>> > execs that report to the CEO).
>> >
>> > So my question is, given that we will be going for a LC for one of
>> > these two scenarios, do either of them allow me to use experience
>> > I've gained while in my current position? Even though this position
>> > is with the same company, it is a DIFFERENT position than the 2
>> > possible candidates for LC (one of which is in a completely different
>> > dept.).
>> >
>> > Does anyone know if there is any precedent to this? If they do not
>> > allow this, how can I get the necessary experience to pass a LC
>> > without leaving my job and getting another?
>> >
>> > Any help would be appreciated.
>> >
>> > G
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
does not accept that. They basically use the same reasoning I used in my
previous post: "the company could have hired an American and gave him the
experience". So you would still have to prove that there was no American
who had the qualifications needed to even start getting the experience.
The only situation where such experience could count would be if the new
position is so completely dissimilar to the one you are holding now that
you can't possibly view this as grooming - maybe changing from chemical
engineering to accounting. Of course, these same situations are also,
almost by definition, situations where the experience you gained won't
actually be helpful. In this example, it would only work if you, on your
own initiative, went to accounting school (if the company paid for it, one
could once again argue that they should have paid for an American's
tuition instead!).
On Fri, 17 Oct 2003 21:30:07 +0000, G. Filicetti wrote:
> Well, that's the thing. Right now, today, I have the skills necessary
> for this position. They wouldn't be grooming me, they just want me in
> that position, and as it stands, I fulfill the requirements of the job.
>
> The only caveat is, that most of those skills were gained at this
> company in a lower position, I did not have them when I first joined
> years ago. However, since this is a new position, shouldn't I be able to
> count experience in another position at the same company?
>
> G
>
> PS... I'm questioning my lawyer along the same lines, but I just wanted
> to get a difference prespective in here.
>
> "Ingo Pakleppa - see web site for email" <[email protected]> wrote in
> message news
[email protected]...>> Unfortunately, I don't think this strategy will work.
>> The problem is that Department of Labor would say "OK, so they are
>> grooming him for this particular position. Why don't they groom an
>> American instead?" This is the exact reason why Department of Labor
>> only considers experience that you had when you started working for
>> that company.
>> Plus, of course you cannot use experience that you merely promise to
>> have at some point in the future - you must already have all
>> qualifications today.
>> On Thu, 16 Oct 2003 17:30:05 +0000, G. Filicetti wrote:
>> > Hi there,
>> >
>> > For my LC, we are thinking it would be a good idea to use a position
>> > that my company can see me fulfilling in the future. Since you're not
>> > required to be in that job officially until the GC is officially
>> > issued, they are willing to consider this.
>> >
>> > There are two choices on the table... one: a promotion from my
>> > current position up one level but still reporting to the same dept.
>> > and VP, or two: a change to a completely different dept in the
>> > company that reports to a different VP (in our company VPs are the
>> > execs that report to the CEO).
>> >
>> > So my question is, given that we will be going for a LC for one of
>> > these two scenarios, do either of them allow me to use experience
>> > I've gained while in my current position? Even though this position
>> > is with the same company, it is a DIFFERENT position than the 2
>> > possible candidates for LC (one of which is in a completely different
>> > dept.).
>> >
>> > Does anyone know if there is any precedent to this? If they do not
>> > allow this, how can I get the necessary experience to pass a LC
>> > without leaving my job and getting another?
>> >
>> > Any help would be appreciated.
>> >
>> > G
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
