My attorney has prepared ETA-9089 for my PERM filing and has sent it for my review. I have a question regarding my job experience section in the form (section K.9).
I am currently working in Company B (which is filing my GC) and I have 6 years of experience in company A. Out of 6 years of experience in company A, 4 years were in India and 2 years were in US (onsite). I got skill letter from company A in the format suggested by attorney. It is a single letter for the entire experience of 6 years with Indian headquarters address in the footer.
Although it is a single letter, my attorney herself has split my experience in to two in ETA-9089 using my first US entry date. Like start date to first US entry date with company A's Indian address as Job 1 and first US entry to company A's last date as Job 2.
Is it okay to do so? If PERM is filed the way it is, will there be any issues while filing i140 as I have a single letter? Or is it better to file everything as single experience?
I understand company attorney knows best for my situation, but since the ETA-9089 has been sent for my review, I feel that I should review it in best possible way. Hence taking second opinions.
Your concerns should be addressed to the attorney handling the PERM filing. This attorney is in a much better position to explain to you why certain action is taken and to provide guidance than attorneys on this forum who have not even reviewed the file. Raise your questions with the attorney and let her explain.
Michael Alexander McvickerImmigration AttorneyHerndon, VA ·
Based on the information you have provided, what your attorney is doing sounds reasonable. You might want to try getting two separate experience letters, especially if, technically, you worked for two different companies even though the companies were related (i.e., foreign parent company and U.S. subsidiary).
If you have further questions or want more in-depth analysis of your situation and more extensive advice, and you want a second opinion about what your employer's immigration lawyer is doing, you should schedule a consultation with an immigration lawyer who can actually see the forms and documents related to your case and advise you accordingly.
If company A is actually two different entities, you will need two letters. However, you need to proceed with the strategy designed by your current immigration attorney.
If you need a meaningful response, you will have to work one-on-one with an independent counsel who has an opportunity to review the complete PERM application. In the meanwhile, you will only speculate on any forum you choose.
