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 GURUS

 

[milli]

I'm not sure if just the increase in salary is good enough to become elligible for EB2. You need to show 5 yrs of progressive experience i.e moving up the ladder with increased/new responsibilities. So basically if you can show/document that you got a different title after one year with increased/new set of responsiblities, I think you should be able to file under EB2. But it's always been tricky and not straight forward.

I did the same thing but was a couple of years ago. Things would have changed now.