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Immigration Issues/Switching positions in same company

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Question
Hello,

I am currently working in company A. My I-140 is approved and am planning to switch to a new position in another department (that entails significantly different job duties) in the same company. I wanted to ask whether I would be able to use the experience gained in the current job for the new labor certification application related to the new position.


Thanks..

Answer
Hi,

The employer can file a new labor certification (also known as PERM) taking your employment experience with the same employer as the basis for the experience requirement of the new job if the duties of the new job are more than 50% dissimilar from the earlier PERM application. General information about PERM is here: http://www.h1b1.com/practices/perm-labor-certification/

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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