I hope someone has been through my situation.

I've been working in this company for 3 years in various positions (all technical) and they were supporting to process greencard for me in EB3 category. However, after our HR consulted with our lawyer, they came back and told me that it will be very difficult to process my greencard. The reasons being:
- All the experience I have is from my current company (I was hired right after my college) and it will count against me so they can't use that experience?
- We have about 10 people in our team so it is almost impossible for them to prove that they won't be able to hire US candidate.

I have already asked them that I could apply for a different position like a PM instead of Technical but they said it won't work that way either as it's still the same company.

I have seen so many people get greencard from the same company they work for. How do they do it? Does anyone have any suggestion on what can be done in my situation?

All thoughts are appreciated!! Thanks.

Whats your Bachelors/Masters Degree in?
How many years is the course for?
What position is it being applied for?

About the work experience, the lawyer is right; work experience gained while working with the petitioning employer CANNOT be counted as your work experience. Any work experiences in the similar position or the same field but OUTSIDE the petitioning company-while you were NOT a full time student can only be counted.

EB-3 requires a 4 yrs Bachelor degree. Some positions also require 1 year of experience. If you have a Masters Degree- you may be able to pull it off.

Good Luck.

I am not sure how far thats true. I have been working for the same company for three years and they processed my green card. The requirement was Masters plus one year experience. I am in the EB2 category. I worked as an intern for about a year with the company while I was getting my Master's.

I think the Key is you cannot use the experience you gained in the company and use it towards your experience for a green card requirement Unless your current work is significantly different from your previous work. They used my internship experience because my current position is very different (90% or more). The technical requirements were shown through classroom work and my work as a graduate assistant.

So the bottom line is I have been working for the same company since graduation and they processed my green card.

Thanks both for your responses.

I believe the work experience issue can be resolved by using Internship experience etc. However, in my case, the biggest issue is they keep insisting that when they post the job description for PERM, they will easily be able to find the US candidate who will be able to do this job and I have nothing to say for this.

How do you guys get that to work? I guess our lawyer doesn't have any advice on these matters.

Thanks.

Dude, you need to find a new job.... and fast.  Seems like your company does not value you enough to find a way to keep you beyond your 6 years of H1B allowed time.  Why not look for another job that will process GC for you and use the 4 years at this company as your experience?  Their insistance that they will be easily able to find a US candidate to do your job is lame.  Pissed me off.  Companies usually find a way to make your job unique if they truly value you as a precious resource and do right by you.

 

feb14th1981, The lawyer should be working in your favor and if he/she isn't you need to find a new lawyer. Due to the recent Fragomen case with DOL, I am assuming your lawyer may be reluctant to give you advice in terms of recruitment.

As unethical it may sound your lawyer should be doing what this dude from Cohen law explains in detail (check youtube video below). The video was put up by people who are disgruntled about hiring foreign nationals. See the video and thats what ure lawyer should be helping you with, if not fire him/her. One piece of advice try to get a lawyer who has good track record of working the green card process. Hope it helps.


https://www.youtube.com/watch?v=TCbFEgFajGU

EB3 requires a Bachelor's degree. Since you have a Bachelor's Degree, you should be able to apply for EB3, assuming your job requires a minimum of Bachelor's degree. I don't see how your work experience can be counted against you in EB3. If you were to apply for EB2 ( 5 yrs / Masters ), then you would have a tough time. I would suggest explaining this to your employer and researching and presenting your case to the lawyer/employer.

Your employer is the key, if you do not have their support, you should start looking for a new job and use your experience elsewhere.

Goodluck.

Trek is right. If you have bachelor's degree and applying for EB 3, you don't need any work experience. My friend did get his greencard working in the same company for a year.

 

Thanks guys.

I agree that the employer is the key and my new manager is pissing me off. At this point, I am seriously considering a new opportunity instead of fighting with these guys. Thanks again!