Perm regulations regarding experience with current employer

P

pururwa

Registered Users (C)
My priority date is Nov 2005 but I have been with my employer since mid 2002. So, I have about 3.5 yrs of exp. before the priority date with the current employer. Can I use this exp. in satisfying the labor requirements ?

The labor requires 3 yrs exp while I have only 1.5 yrs before joining my current employer. But if I add my exp with the current employer (who filed my PERM) before the priority date, the total exp. becomes more than 5 years. Will that work in satisfying the labor requirements?
 
Based on the information I have the experience with the employer filing for labor does not count. It has to be earned before the present employer.

Regards
 
Your experience with your current employer must be at least 50% different than the experience requested on the LC -- in essence, there must have been a different H1B filed to show that your job duties CHANGED in order for you to utilize that experience.
Once of the questions on the LC is "Did the alien gain any of the qualifying experience with the employer in a position substantially comparable to the job opportunity requested?"
Basically, it's not a good idea to try it out unless you DID have an H1 filed giving you a VERY different job title and set of duties/skill sets.
 
And in that case the old job duty won't really apply to the one you're trying to apply for now... Unless you have something like "worked as a .NET developer", and as one of your requirements as a CIO (different title example), you need to have knowledge of .NET
 
Dude - you can certainly use your experience with your current employer. however, keep in mind that there is a high probability that your case will be audited if you attempt to use the said experience for an EB2 case.
 
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Correction -- you can LIST your experience with your previous employer. As indicated in my previous post, you can NOT use it to COUNT toward experience in the job UNLESS it is extremely different... blah blah you read the other post. Just giving you the right information.
 
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