EB2 Qualification: Using present employer's EXP PLEASE HELP

[rs_mangat]

Since my EB3 (India) case is stuck in Retrogression, I'm filing a new PERM for EB2 (to capture the old PD).
I have Bachelor's (4 yr degree) & had 4 years of experience before joining my current company. Since we need 5 years of Experience for EB2, I'll have to use 1 year of my present employer's experience.

I heard that I can use my present employer's experience if I've more than 50% increase in salary since I joined. Well, I have more than 100% increase in my salary & got 2 promotions ever since i joined my present company.

My attorney has told me that she has NEVER checked that Box which asks "If you are using your present employer's experience". She doesn't have much experience though.

My question to you is:

Under these circumstances, Can i use my present employer's experience? According to you, how much problems can i face? What kind of questions can they ask? Is there any way around? How much is the success rate?

Please REPLY!

 

[DesiG]

Hi RS,

You were mis-informed. Salary does not play a role in determining anything except that you are being paid at least the market rate, and that your company can afford you.

You cannot use your current employer's experience - it is virtually impossible, unless you have got a substantially different job now than you did before. If you changed from say a web developer to a sales manager - using the time "developing a sales portal" as a basis for the sales job - (basically at a different department doing something different) maybe that would work, but it would still be VERY difficult to prove. You would most certainly have to get another lawyer who has had previous experience with this.

Think about it - all the people who are waiting with you have been waiting just as long, presumably with their own gains in experience and salaries - if this would work, EVERYONE would be re-filing ever so often in a higher category using the same PD.

The theory for not being able to use time at your sponsoring employer towards qualification is also simple - if the employer has the patience to train a foreignor for a job and then sponsor him, then the employer should be able to also train an American for the same job.

Also - the category depends on the job, not your experience. Not everyone gets this as lawyers have been "designing" the job for the experience, but again, that is the theory.

Good luck.