GC "On-the-job" experience for contractor-to-permanent employee

[TSH]

I have been working as a contractor in a US Bank for last 6 years. During this time, I was full time employee of the contracting firm. Last year, my bank converted me to Full Time Employee of the bank and now is ready to file my Green Card Perm.

For the PERM, will my experience with the bank (as contractor) not counted at all ? Does that mean that my PERM application cannot have last 6 years of experience (working with the bank as contractor but getting salary through my contracting firm)?

[care_candidate]

Of course you will have experience no matter what. However, on paper you were employed for other contractor company. You cannot list that experience for US Bank, although job experience is same. But, it doesn't act against you and you will be eligible for same category of visa (EB or EB-3) as if you were employed for same employer.

[JoeF]

Experience is experience. It counts for the GC.

It won't count for seniority at the bank because you weren't an employee of the bank.

[Mav777]

Your experience in the same company can’t be counted if the company is applying for PERm for the same  job. But since this is contractor - client situation and technically  you were not employed by the bank for the 6 years, the bank may be able to show that experience and file the perm for an experienced position and not an entry level or minimum experience. Ofcourse it’s a little tricky because even though your employers changed, your job remains the same. The employer’s lawyers should know whether the 6 year experience can be shown and the perm can be filed accordingly.