Can I count my working experience in for EB2?

[emp55]

When I got a job offer from A staffing company, they promised that they will file the GC in EB2 for me after 5 months. After joining the company I realized that my work experience is short by 12 days in 5 years to apply for GC in EB2 category.

When I was woking at A's client (let's say B)for 4 months, out of blue, I got laid off due to the client's (B) budget problem. Fortunately, My staffing company got me a job immediately in the totally different industry, and area. Job description is totally different as well. I have been working for A's another client (let's say C) for 1 month now.

Here is my question; can I count the 4 month working experience in for 5 years experience to apply G.C in EB2 although it is with the same employer? they are nothing in common. Please share your opinion. That would be appreciated.

[itsmeusa]

For EB2, you must show 5 years of progressive experience, somewhat matching the job description, before you joined the employer. As you have already joined the employer, you could still make use of that experience, but experience gained with the same employer for qualifying EB2 may attact some level of scutiny in yor GC processing. Having said that, if the experience have nothing in common, how could you satisfy progressive experience, similar to job description?

[Attorney_11]

The general rule is that experience with the same employer cannot be used to qualify for the experiential requirement in a PERM job offer sponsored on behalf of an employee unless the experience was gained in an occupation more than 51% different than the job being offered in the PERM. The counsel of qualified immigration attorneys is valuable to set up and prepare a case successfully.