Advice on Experience for PERM Application in EB-2

[pbhosale]

I was with Company A from Oct 2008 - Oct 2011 (I was a contractor/consultant with company B during this time). Company B hired me as full time employee in October 2011. Company B is now ready to file my Green card & the lawyer says if I have masters degree from US (which I have) and 3 years experience apart from company B's experience, they can file my Green Card in EB-2. Can my experience with company A be counted as valid experience in this case? (Although I was working for Company B as a consultant for 3 years, my pay checks were coming from Company A)

 

Please advise. Thanks in advance!

[ateetshah]

This is a tricky situation where you need input from an experience immigration attorney.

Technically speaking if FEIN numbers of employing companies are different, you can use the experience. Another way of looking is if your duties as a consultant and employee were more than 50% different.