EB2 Qualification: Using present empolyer's EXP. PLEASE HELP

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rs_mangat

Registered Users (C)
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 HELP GURUS!!
 
don't go EB2

Don't go EB2 route. You cannot use experience from the current employer. You have to mention in the form, although there is not gurantee that you will qualify for it. You lawyer does not know anything, get a new lawyer.
 
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it is not about t your salary. it is about the job duty. it is answered in perm faq. you can go to labor department website to check. i think if the future position which is for your eb2 has 50% different duties as what you are having now, it is ok. can't remember the exact phase. Good luck!
 
There is little progress on EB2 dates of late as more people are applying under the that category. Whether anything can be gained by applying under EB2 is debatable, you lawyer of course will be very happy you did.
 
Ermie is correct. you will not get any benefit since you have already EB3 filed. In some cases they don't like this practise of jumping from EB3 to EB2, as i have read on other post and this may also backfire on you. Best thing would be to wait for your turn.
 
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Actually,
The reason I'm filing a new EB2 is because my EB3 PD is June 02. Going by the speed by which the dates are moving, it could be another 2 years before PD reaches June 02.

So I thought of filing a new EB2 & then capture my old EB3 PD. What do you guys say, is it possible?? Is there any risk??

When u said it may "backfire" on me, what could happen? Can it affect my EB3 as well?
 
This is what's posted on Murthy.com. Based upon this EB2 is January 8, 2003. What makes you think EB2 will move any faster????????????

Employment-Based Second Preference (EB2)
©MurthyDotCom
All countries except China and India remain current in the EB2 category. China's cutoff date is April 22, 2005. India continues to have a cutoff date of January 8, 2003.
©MurthyDotCom
Employment-Based Third Preference (EB3)
©MurthyDotCom
All countries continue to have cutoff dates in the EB3 category. India has a cutoff date of May 8, 2001 and Mexico has a May 15, 2001 cutoff date. For China, the Philippines, and worldwide the cutoff date is August 1, 2002.
 
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No. the reason I'm moving to EB2 is because if I'm able to use the OLD EB3 PD, then I'll come out of retrogression as my EB3 PD is June '02
& currently EB2 cut-off date is Jan03
 
Its risky and no guarantee

rs_mangat said:
No. the reason I'm moving to EB2 is because if I'm able to use the OLD EB3 PD, then I'll come out of retrogression as my EB3 PD is June '02
& currently EB2 cut-off date is Jan03
Click to expand...

rs_mangat,
By changing EB3 to EB2 you are risking to get an audit and if you do get an audit, then it will delay for another 1 year. Getting an audit now is become more common as more ppl believe by changing EB3 to EB2 will expedite the process.
 
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