Changing from EB3 to EB2


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I am currently on H1B and my case is filed under EB3. I am with the same company for 6 years now and my first 2 years with the company is in QA (Automation Testing) and the next 4 years are in IT Application Development. My HR is willing to file my case under EB2. However, the job requirement is to have bachelors and 5 yrs of experience. I have only 4 years before joining my company and i was told that i can use my current company experience of first 2 years (QA) towards my EB2. Please note that both these jobs are in IT but in different departments. There are few similarties like the one below between both my job descriptions. Also note that the functionality, tools and modules are completely different between jobs. But i am getting a push back saying my jobs are similar. Please advise if i can still use my 2 yrs experience with the same company towards my EB2.

Evaluates new functionality, tools, modules, version releases, and third-party applications and makes recommendation to management regarding their applicability and fitness into the overall enterprise system.


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The DOL does not allow an individual to use experience gained while on-the-job with the sponsoring employer in order to qualify for the sponsored position in the PERM application. There is an exception, though not without risk, where possibly experience can be used if substantially different from the previous work the individual has performed for the company.

In order to understand the risks and to evaulate whether or not your previous experience with your sponsoring employer would be usable, I recommend that you contact a knowledgeable immigration attorney in regard to your case.

The Murthy Law Firm has a very well-regarded Greencard Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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