Can I count my working experience in for EB2?


emp55

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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.

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You can not use experience gained while working at your employer (only the employer matters, whatever clients is completely irrelevant) unless the GC job is at least 50% different from your current job.

And a "staffing company" can not get H1s. Your employer has to have control over your job, and that means that the employer can't be a simple staffing company. They need to have experience in the field to be able to control your job.

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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.

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