Can the employer of H1B visa holder intend to hire him/ her permanently and file a Green Card for him/her?
Does work experience w/ the same employer counts toward Green Card consideration?
How about education qualificationi earned during the employment? Can the employer consider this educational qulaification for Green Card?

anybody doesnot know??

hey ask Santosh giri.He knows.

I heard that you can not count the experience with the present employer. You may be right....from these facts .you may not be able to get Green Card from same employer. But I have seen many who have received Green Card by working with same employer for long time.

Thanks

1. yes. even if he is paid hourly it is possible provided that position is permanent.
2. you cannot not count the experience in the same employer. there is a way around it i.e. changing job title and using it.
3. same as #2. you cannot use the future degree earned or the training as the requirement for the position you are working. But if you change the title and modify the "job description" and "job requirement" you can get away with that. But you have to have attained the degree or the certificated before being hired in that "new position"


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as always what do i know (O:

dyamn too many typos... grammer all messed up.. am i high or what .... )O:

1. yes. even if one is paid hourly, it is possible to sponsor provided that the position is permanent.
2. you cannot not count experience with the same employer. there is a way around it i.e. changing job title and using the experience attained.
3. same as #2. you cannot use the future degree earned or the training as the requirement for the position you are working. But if you change the title and modify"job description" and "job requirement" you can get away with that. But you have to have attained the degree or certificate before being hired/(actually working) in that "new position"


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as always what do i know (O:

Finally somebody is there to share his idea, I have a case similar to Latoji.
ThapaP, after reading your thread I have a question. I am little bit confused by your reply #2.
Lets say, I work for Company X as a Project Engineer. I started working in this position from my CPT. Then I continued work on OPT and ultimately on H1B. I earned my Masters Degree during OPT (The course was already completed , only the thesis and defense was completed during OPT). So in this case
1. If a position is created in Company X, which is a kind promoted form of the Project Engineer – say Senior Project Engineer or Project Manager , then Can I use my experiences with Company X and Masters Degree for this new position with Company X and apply for Green Card?
2. How much experience obtained in Nepal is good enough for Green Card? I have Nepal’s Bachelors Degree +more than 5 years experience can I use this???
Opinions are appreciated in advance.

Thanks ThapaP, so you mean that by changing to a new position it is possible to obtain green card even staying with same employer.

Getting Green Card in US for people working there with H1B is getting difficult. There are so many reasons for this which will be lengthy to relate here. But people working like this may obtain Green Card if the employer sponsors him for the purpose and does the filing. Firstly the employee must win the heart of the employer and then the employer must confidently put up the matter to the USImmigration showing all reasons like necessity of the employee for the need of the organisation, his contirbution to the organisation, job permanency, his academic qualification, his experience in the job, his working with the employer for a good length of time, his sincerity, efficiency in output and other good qualities. Once the filing is done the sole right to accept or deny the applicaton lies with the USImmigration.

Lets hope you find this useful Mr. Nepal ko Lato.

Jiwanji, I agree with you and appreciate your thought. My employer is ready to sponsor for me. But I came to know that

1. You can not file a green card for which position you are working on H1B.
2. You can not use experience with the same employer even if the position is different.

I asked my lawyer. He said so. But some others lawyer said that the experience can be used if the position is of higher level than what you are working at present with the same employer. But again this was verified wrong by my other friend who recently filed labor certification. This is the reason I am in confusion and trying to get answer.

I think you can not use the experience with your present employer.

A company that sponsors an H1B for a beneficiary generally may also sponsor a green card for that beneficiary. Usually, work and education gained while working for the sponsor will not count if the green card is being sponsored for the same job held while the experience and education was gained.

euta_nepali,
1. when you say position is created then the requirement cannot be so restrictive that you are the only one. if you do that then Labor is gonna get rejected. I think they do mention it that the LANGUAGE and specialized skills pertaining to the candidate cannot be part of the job requirement.
2. if you earned your degree before the recruitment for the new position is started. Yes, you can use it.
3. you can use the experience in the same company PROVIDED THAT EXPERIENCE IS FOR DIFFERENT POSITION which requires those skills.
4. you can use all experience from nepal provided it makes reasonable sense. [ is what you write does not make sense to you . then definitely it does not make sense to the reviewing/case officer. say you are 23yrs old and you have 10 yrs or even 5 yrs experience and Masters degree... very hard to comprehend... ]


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as always
what do i know (O:

nepal_ko_lato,
i said you can apply that way. labor department seems to approve those cases. [ i am not a lawyer but have seen enuff of those cases to mention]

but i am not saying YOU WILL GET A GREEN CARD (O:

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once again
what do i know (O:

as i mentioned before.
experience with the same employed can be counted and used for the other POSITION. not the SAME POSITION; even with the same employer.
it has been done before and been done that too many times. yes, it needs a due diligence from your employer in these kind of cases. Because, they have to go through MORE PAPER WORK TO PROVE THE RECRUITMENT PROCESS. that is the reason why most employer seems to shy away from it.
I can provide you name of the lawyer in MINNESOTA who has done it for me.
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once again (O:

Thanks Thapap for sheding light on it with experience.
BTY in your latest thread you wrote:
"Because, they have to go through MORE PAPER WORK TO PROVE THE RECRUITMENT PROCESS. that is the reason why most employer seems to shy away from it."

When you say more paper work what does it imply to? Wha type of docs/process are you talking about? Isnt it same what it is required for current Labor certification requires.
Thanks

Dear Nepal ko Lato,

Sorry for the delay in connecting with you.

If your employer is sponsoring you then they do the filing too in consultation with you. Also one must remember that employer sponsers an employee for Green Card due to the reasons which I have mentioned in my earlier comment. So I do not see any reason why you should worry about your experience. An employer will not spnosor unless they can justify their reasons about your experience during the filing. Additionally an employer will sponsor an employee for the job in which the employee is in their service satisfactorily meeting the conditions set forth by the U.S.Law. So when your employer has agreed to sponsor you, you must understand and be happy to know that your educational background and experience have met all criteria legally. So I advise you to pursue the matter with the employer and wait for the positive result.

Keep your fingers crossed.

Jeevani ji, Thanks. But my employer is not really sponsoring me. I mean they are not much familiar with immigration stuff. Therefore, I have to convince them and prepare them mentally to file green card.

Hi All,
My employer is willing to apply for Green card. I am working there in OPT after completoion of my MS degree. I had 5+ years of experience in the same field in Nepal. The immigration attorney had advised me to go for Green card as I missed the H1B quota. Is my case positive?
Thanks

nepal ko lato,
more paper work means about the recruitment process.

its harder to prove that they cannot find anyone just fresh out of college hoina ra?

more than that u sud talk with the lawyer