EB3 to EB2 upgrade from same company

[manjuag]

I have PD Sept 2002 from a company A. Company B was accquired by company A, and my experience from company B was not considered during my GC process in EB3. Can i use company B experience (Previous experience + Company B >5 yrs + Bachelors) to upgrade it to EB2? Please help.

[redgreenbluee]

please consult a lawyer.

EB category is based on job requirements and not your credentials only. any experience gained from current employer/petitioner cannot be used on LC PERM unless job requirement is 50% or more different, and in such cases it is usually (but not always) a red flag for audit.

Originally posted by manjuag:

I have PD Sept 2002 from a company A. Company B was accquired by company A, and my experience from company B was not considered during my GC process in EB3. Can i use company B experience (Previous experience + Company B >5 yrs + Bachelors) to upgrade it to EB2? Please help.

[manjuag]

Originally posted by redgreenbluee:

please consult a lawyer.

EB category is based on job requirements and not your credentials only. any experience gained from current employer/petitioner cannot be used on LC PERM unless job requirement is 50% or more different, and in such cases it is usually (but not always) a red flag for audit.

Originally posted by manjuag:

I have PD Sept 2002 from a company A. Company B was accquired by company A, and my experience from company B was not considered during my GC process in EB3. Can i use company B experience (Previous experience + Company B >5 yrs + Bachelors) to upgrade it to EB2? Please help.

Thanks for the response! Company B is a start-up acquired by Company A, Company A is my petitioner but did not agree initially to include company B experience (after acquisition) during GC filing. Assuming the Job Responsbility are met, Is company B considered as the same company or different company?