Immigration Issues/Mat

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Question
Hello Ajay,

Is there a regulation or restriction that H1B employee cannot get sponsored/applied a green card by his first H1B job employer? I have been H1B with my current company for 3 years since graduation. I have no FULL time experience or training prior to this company. My lawyer suggested that I transferred/changed job to another company in order to apply a green card because my current company cannot apply green card for me since I cannot use any of my skills and expereince gained in this company.  

I haven't read/heard this restriction from anybody or any source.

Thanks very much for your advice.
Toe

Answer
Hi,

Your lawyer is correct that you cannot use any of the skills or experience gained as a requirement for the job if these skills or experience were gained during employment through the sponsoring employer.

Perhaps the job requirements can be crafted in such a way that the job does not require any experience. It is OK to be overqualified for the offered job.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com  

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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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