Does work experience of employer filing GC counts?

[sabar]

My employer is willing to file GC and Job Requirement is Master’s + 3 years’ experience

I wanted to know if experience with same employer will be considered. After completing Master’s, I worked 1 year for different employer and 2 years with sponsoring employer.

Do I have to have three years’ experience with different employer to qualify or my current experience (1year different employer and two year with sponsoring employer) will work?

Please advice

[catx]

In general, experience gained with the sponsoring employer cannot be used for immigration purposes such as a PERM labor certification application. If the employer's job requirement is as posted (Masters degree + 3 years experience), then a PERM labor certification application could well be denied for not having the required experience. Also, there could be problems in the recruitment efforts if there are candidates with the required degree and experience.

[sudhirreddy]

The information provided by catx is not completely accurate.

You can use the experience from the filing employer since GC is for a future position but the future position has to be at least 50% different from the current position that you're planning to use as your experience.

I did the same thing and had no issues getting the approval.

Good luck

[catx]

The information provided by catx is not completely accurate.

That is why I stated "in general" at the start of my post, as I am well aware of the at least 51% difference 'test'. However, satisfying the 51% different job while still being related to your education can be difficult to meet, and why the Department of Labor (DoL) and USCIS scrutinizes such applications and petitions closely. Also, remember that each case is evaluated and adjudicated on its own -- with no relationship or reference to other cases, so what worked for one person may not work for another person.

[Attorney_25]

This is possible but needs to be handled very skillfully, and of course depends on the facts of the particular case.