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?

GURUS PLEASE REPLY!

 

[vnv]

Based on my experience, as long as you show progressive growth and that your current company experience is related with the position you are applying for Labor, you can use the current company experience. I don't think 50% salary increase is a factor because I did not have that jump.

Keep one thing in mind, using current experience for labor might increase the chance for a labor audit but as long as everything is good you need not worry.

All the best!!!