Question on Green Card category eligibility

[smokersweb]

Hello forum members,

I have a question about GC filing category for myself, I am already in touch with a attorney but thought of having an independent opinion from outside.

My current JOB qualifies for EB2 requirement and job requirements are laid aout accordingly. I work in architect role in IT.

I have relevant professional experience of 4 years and 7 months prior to my current employment (my GC sponsor)

Education: Bachelors in Engineering.

In my current job - I have already spent 3 years but that wouldn't count since experience only gets counted before employment with company sponsering as per attorney.

However, I had a promotion in my current job earlier this year. I remember reading that in such cases it is possible for attorney to use the earlier experience from current job itself as GC can be filed for new promoted role/job. This might just help me as this will help me cover the 5 month difference from required 5 years experience for me eligible for EB2.

Is this a fair understanding or am I wrong ?
Appreciate this forum's inputs

 

[littleadv]

The promotion wouldn't help much. The experience from your current job may only be used if the job for which the GC is filed is significantly different. For example, you move from being an engineer to being a manager. Promotion from an engineer to a senior engineer will probably not qualify.

So you're out of luck, unfortunately, because of these missing 5 months you'll get stuck with EB3. They don't like employers doing tricks, so I don't think the attorney's and the employer will try to work around this. Using previous experience in the same company will almost certainly trigger an audit, and its unlikely that they'd want that.