problem with recognition of work experience

[nikcho]

As a rule no two cases are alike, and mine is no exception.
I was selected with 130 points with no job offer of which I claimed:
8+ years for relevant work experience, and both 6+ years in the future growth area and absolute skill shortage areas. I have been working for the same company in the USA since May 2002 full-time and my employer has provided the appropriate reference as well as tax information for 2002-2008 years.

However, at the time I started working for them, I was a foreign student and as such not allowed to work. I had a temporary authorization to work between Jul 2001 and Jul 2002 (so when I started and 2.5 months afterward I had the right to work). I was detained by the Immigration service for working without authorization in Dec 2003 and after going to Immigration Court for 2 years, I finally left the USA and returned to Bulgaria in March 2006. During the time after Dec 2003, I kept working for my US company while in the US as a regular employee. Even after I returned to Bulgaria in Mar 2006, I was paid as a US employee with weekly direct deposits to my US bank account. This arrangement continued until February 2008 when I started receiving my pay to a bank account in Bulgaria, and this is how it still continues.

The Operations Manual explicitly mentions that the work must be lawful. Mine was lawfully obtained and taxes were collected (I have the Social Security annual statement which already qualifies me for US pension). Unfortunately past the 2.5 months the employment was "unauthorized". The CO has mentioned that he thinks this will be an issue with the application. Considering this is the last step before the interview, if my work experience cannot be justified to the amount claimed and my points drop below the selection (120 at the week I was selected) will the application be declined? I am very worried that this might become the case. Anyone had a similar experience of points being lowered at the PR decision stage?

Nick

[ralf-nz]

My situation was different. However, Good Luck!!

[nikcho]

I spoke with my CO as I had written a couple of emails with information that he requested and sent him letters from two points in the world. It was a friendly chat and he said that tomorrow he will sit with a "specialist" colleague and look at my case. Keep your fingers crossed. I still wonder if anyone has had a case where points from EOI were reduced at ITA assessment stage. For example: EOI of 130 points selected with threshold of 120 for that category. Then at ITA stage only 115 points recognized.
What would be the outcome -> outright denial
or WTR/PR?

Subsequent EOI selections have selected people with less than 115 points, but INZ always looks only at the selection criteria of the time one was selected. Can anyone please respond if similar case/observation?

[imose222]

Hello Nikcho,
This link may be of help.
http://www.enz.org/forum/showthread....ction+criteria

[dummydummy]

Without getting to the details, you must be having a reason why you don't see that work as unauthorized. Present your side of the story convincingly to the CO. The fact that you already had a friendly chat with CO means that you are on right track.

[nikcho]

Unfortunately, I was on a student visa that did not allow me to work off campus (what in fact I did). The CO has requested documents pertaining to my right to work while I was in the USA. All I have is a Employment Authorization Card for the period July 2001-July 2002. And the work experience that I claim is May 2002-present for the same company. Technically I was authorized to work when I started. However, that right expired 3 months later, even though I kept working past it. I cannot say I am sorry because it will be hypocritical and will not give me the work experience necessary.

I can say that the skilled employment that I had in the USA complemented my studies, and that this Employment Authorization was due to financial hardship (true) but it was not renewed in time (true). However, this does not mean that the truth complies with the Operational Manual. Right now the only thing that's left is hope that even if the CO does not recognize all years that I claim as work experience, I will still have some to pull me to the next step. Even the fact that the work I have done has always been "on the books" (with taxes withheld and paid), and that I have filed for taxes every year since I have been in the USA (I file for taxes every year - including the years I haven't been physically present there), this will not change the fact that the work I had was for the most part unauthorized.

Will wait and see - the case is moving to a resolution. There are only 2 outcomes, and right now the negative one has a better chance.

[anthony]

Fingers crossed for you Nikcho. Good luck with your application.

[nikcho]

Just a little update - the CO has contacted me with some good news -- even though they will not recognize all of my work experience, the reduced work experience will still qualify me to continue the immigration process.

The only thing now outstanding is OH's IELTS, will be taken on Feb 17th, some more relationship evidence (still unsure what CO wants, so I emailed him), and the interview. So far, so good

[JandM]

So far, so good. I hope it continues to go well for you, and good luck to your wife.

[Tamtra]

Glad to hear it went well with the CO, Nikcho.

Good luck for the rest of the journey!
Tamtra.