Am i eligible to apply for this position and GC as well ???

[sang521]

I am working for a product based company ( Direct client no middle layers) from the past three years. My current role in this company is "Software Developer". 

 

There is a new opening in my company for a "Senior Software Developer", minimum requirements for this position as posted is Masters degree + atleast 4 - 6 years of work experience. For this position my company is willing to sponsor H1 and green card. 

 

My manager asked me to apply for this internal position "Senior software Developer"

 

I have a masters degree + 1 year of prior work experience before coming to current company + 3 years of experience with current company.

 

Question:

 

Can i apply for this position ? If so am i eligible to apply for the GC in EB2 ? I heard that my experience with current company does not count. But in my case it is a different role ( Senior Software Developer)  its not the same role ( Software Developer )

 

 

[JoeF]

You can't use experience in the company for a GC, unless the new position is significantly (i.e., >50%) different from your current position. SW developer and Senior SW developer roles are usually not that far apart. A senior position comes with more responsibility, but that's usually not 50% different.

[CastAway_2]

As far as I know, you cant use the experience with petitioning company - meaning your new company (A) cant show your experience with A while doing your GC - however if you are contracting with company A today - you can always show that experience.

[sang521]

Thanks for the help