Does Min ys exp need to match for same or similar?

[shanti1]

I filed my labor three years ago with a requirement of BS + a minimum of a one year experience (I had 4 years of US experience and 6 ys experience abroad at that time).
Now I filed I-485 more than 180 days ago and I have a job offer that pays double (which the lawyer said is not a problem) but the issue is that in the description mentions as requirement "BS + minimum of 5 ys experience".
My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.

The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.

Did anyone hear anything similar?

Thanks and have a great weekend!

 

[TheRealCanadian]

The duties are 90% similar and the job title is exactly the same.

Then the job to me would be "same or similar". USCIS looks at title, duties, requirements and salary to determine if the job qualifies. You should be alright.

HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.

He's right, but that only applies for the LC.

 

[shanti1]

Thank you so much for your reply. I would like to request you to pls explain me what means that it is needed the years experience for the labor stage but not for AC21. As I could understand from your reply, it doesnt matter the years of experience requirement gap between labor and new position since the job title is same, description is 90% same (compared to the labor certificate), salary is double but it is not a big deal.

Is it accepted at this stage to count the experience gained at the job place? Thank you so much!

 

[TheRealCanadian]

Is it accepted at this stage to count the experience gained at the job place? Thank you so much!

It doesn't matter. The job duties are the same or similar - and whether they require a degree + 1 year of experience or four is pretty much irrelevant. I wouldn't worry, but I also wouldn't put the requirements for the position in the AC21 letter. They're not needed.