Will the work exp. with your present employer counted for GC filing?

[Sam3895]

I have a B.E and 4.5yrs of exp, when I moved to US on H1 in 2010. I never changed my employer after moving here.

I now have around 8 yrs of exp. Can I file GC in EB2?

 

Questions:

Is it true that I need to have atleast 5 yrs of work ex + Bachelors to file EB2?

 

Does the work experience with my GC sponsor (H1 employer) accounted?

 

Is it true that the work exp. (3.5yrs) with my US employer (who is sponsoring GC) is not counted in the total work exp?

[rahul412]

I have a B.E and 4.5yrs of exp, when I moved to US on H1 in 2010. I never changed my employer after moving here.

I now have around 8 yrs of exp. Can I file GC in EB2?

 

Questions:

Is it true that I need to have atleast 5 yrs of work ex + Bachelors to file EB2?

 

Does the work experience with my GC sponsor (H1 employer) accounted?

 

Is it true that the work exp. (3.5yrs) with my US employer (who is sponsoring GC) is not counted in the total work exp?

Bachelor's + 5 yrs, I think it is eligible for EB2. But does that job requires that much exp?? It's the job responsibilities which decides your EB category.

 

BTW, you won't file for your GC your employer has to file it.

[Sam3895]

Thanks for the response Rahul.

Now I understood the eligibility for EB2. And yes my employer files my GC. And the job does need 7+ yrs of Exp. (its in R&D)

 

Im still looking for an answer to the question:

"Is it true that the work exp. with the present US employer (who is sponsoring GC) is not counted in the total work exp?"

 

Since I only have 4.5 yrs of prior exp. before joining my present employer, the question is "will the 3.5 yrs of work exp. that I have with this present US employer counted to the prev. 4.5 yrs of exp. ?? If the work exp. with the present employer is not counted, I would not reach the EB2 eligibility.

 

Does anyone how things work in this situation?

[catx]

You have not stated if it is the same job or a different job with your employer.

 

If it is the same job the 'math' does not add up.  You were hired with a Bachelors degree + 4.5 years experience, but you state that the job requires a Bachelors degree + 7 years experience.  If its the same job the USCIS would not accept the 7 year experience requirement (as the job was being done by someone (you) with 4.5 years experience.).  If it is the same job, then, no, your experience while working for the employer does not count.

 

If it is a different job, then this is a chance that your 7 years experience could apply.  The rule is that the new job must be +50% different in terms of duties, etc. than the previous job (on which you gained your experience).  The +50% different rule applies to duties and not just responsibilities, e.g. a promotion doing the same job with more responsibility does not count.  The +50% rule is often hard to satisfy, and is closely scrutinized by the USCIS.  Your employer should work with a qualified, experienced immigration attorney to help verify that the new job satisfies the +50% difference rule and minimize the potential of issues with the USCIS.