Hi,

before few minutes I came from Ausländeramt where they told me that before they give me NE Arbeitsamt has to approve that I can have unlimited Arbeitserlaubnis.

When I said that this is not true and that if someone worked for more than 3 years in Germany that he/she will have unlimited visa AA employee told me that this is true only in case that in old Arbeitserlaubnis is written that job was for IT Kraftman according to BeschV §46.2.

I said that this is not true and then we had small fight who know law better. Anyway, tomorrow he will call Arbeitsamt for approval of my unlimited work permit.

Problem is that in my last Arbeitserlaubnis stays that I will work like a consultant and that this AE is limited to 5 years. I told him that this is normal that AE is limited and that he should check my passport where for all 4 visas is written that I work/worked like a IT Spezialist or Software Consultant. Also problem is that I changed my job in this year and I do not have a paper version of AE because they never gave it to me.

What should I do because if I wait for Arbeitsamt I expect that they will not allow unlimited visa even if I have right on it.

Sometimes I am really tired of German administration and do we always have to prove everything.

Tomorrow I will go to Arbeitsamt to ask them to write me something about this situation because I can not wait long for them to decide what they will do because next week I have interview for USA business visa and if I do not get NE or extension probably they will refuse me for USA visa and I have to go.

Anyway, some persons do not have a luck at all.

Any suggestion what to do?

Dracus

Just tell him/her to read again :

(1) Die einem Ausländer vor dem 1. Januar 2005 gegebene Zusicherung der Erteilung einer Arbeitsgenehmigung gilt als Zustimmung zur Erteilung eines Aufenthaltstitels fort.

(2) Die einer IT-Fachkraft nach § 6 Abs. 2 der Verordnung über die Arbeitsgenehmigung für hoch qualifizierte Fachkräfte der Informations- und Kommunikationstechnologie erteilte befristete Arbeitserlaubnis gilt als unbefristete Zustimmung zum Aufenthaltstitel zur Ausübung einer Beschäftigung fort.

They are really 'knock out'...
How can to some one in his/her old (before 01.01.2005) Arbeiterlaubnis or Aufenthaltserlaubnis be written (IT Kraftman according to BeschV §46.2.), when this law is valid after 01.01.2005 ?!
(AA employee told me that this is true only in case that in old Arbeitserlaubnis is written that job was for IT Kraftman according to BeschV §46.2.)

Honney...if you do not know to speak good German and do not know good the law paragraps...get a lawer.

PS.
I was early today and apply for my NE.
My man also told me that he will make AA prufung and this and that...nonsens.
Can you immagine...
I was speaking and reanalysing the BeschV §46 with him and §9 - NE all time morethen 30 min in German language...and afther that he ask me (in §9 for NE says) that I have to speek German langugage and be able to communicate and 'Haben Haben Sie gute Deutsche Kentniessee mündlich und schriftlich?!'...
I have hardly stay not to die of laughing for such stuped question.
Sure...I answered - 'Aber naturlich!'
Oh Goad they are so big morons and idiots.
Hecall Arbeitsamt to chek if I need AA prufung...and after just 3 min speaking. (aha,ja,aha..klar). he answered that I donot need AA prufung.
I have give him so nicely written Arbeitsbescheinigung for my employer and he give to me some white sheet paper and told me...there to write same what is written in the paper which I have gave him.
I have turn around several time my paper to see if parhaps where some 'sheet on it' and look as idiot his white paper and try to anderstand all situation.
So I have two months till my visum finish and I make exactly 5 years in DE.

I have take several time METAXA after and laught as idiot in the bar totaly alone.

I think that I found what he was looking for.
In Zusicherung is written that I got visa according to "Verordnung über die Arbeitsgenehmigung für hoch qualifizierte ausländische Fachkräfte der Informations- und Kommunikationstechnologie (IT-ArGV)" so I hope when I show him this he will have to accept my green card and unlimited AE.

Of course that comunication was on German .

Only problem is that they have to write that they need Zusicherung also and not only AE.

As I wrote before Zustimmung is what they needed.
Any way, I got my NE (Karlsruhe).

@Dracus:

Did you have to wait for security check (3-4 Months) or they gave you NE on the spot ?

I waited 2 weeks and today after I provided Zustimmung paper they gave me NE.

"I waited 2 weeks and today after I provided Zustimmung paper they gave me NE."

Na ja some people could guess i would be a german citizen at once if i said that i was wrong and "Anwaltszwang" does comply with GG. i of course did not change my opinion, and that make my chances really bigger

although i do not want german citizenship, really. i would prefer to be a person without any citizenship, the person who is responsible for nothing ...