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Discussion Forums: I-140
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Topic: I-140 RFE -- Experience Letters and Labor Certification
Posted by tora1492 (12) 31 Jan 2008
My question is this, and I can't seem to find a clear answer anywhere:

Let's say that you start working for Employer 'X' and a few months later, they ask you if you're willing to stay permanently and that they will file a petition for your GC. When they file your labor certification, you have worked with them for six months or so. If the PERM labor certification is approved and requires 6 months of experience for the position, is it okay to submit an experience letter from your current employer stating that you have been working for them for the six months prior to the filing of the PERM, or do you need to submit an experience letter from a previous employer showing that you have six months experience in the job?
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Posted by masingh (64) 31 Jan 2008
I think you need to have experience from previous employer. Experience from the employer you are working with does not count unless it can be proved that the position is different than worked with the present employer and the more than 60% of work nature is different.
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