EB2 Eligibility Question

[new2gc]

After my bachelors I worked for some employers as detailed ...

1. Employer A - 2 years
2. Employer B - 2 years
3. Employer C - 2.5 years

Now if I join Employer B again, can I file labor in EB2 category? one of my friend says all the 5 years of experience should be from other employers, we can't count the experience gained previously at Employer B.

Please advice. Thanks in advance.

[txh1b]

If the job is different then it can be used. Say you were an Analyst I earlier and you are joining as Analyst II now due to your experience gained as Analyst I using the same skills, then it cannot be used.

It is complicated and a competent attorney can do wonders. Above all, the job position should qualify for EB2 and then the candidate qualifications comes into picture.

[DMX17]

This might help...

http://www.immihelp.com/forum/showthread.php?t=40741

[new2gc]

Do we need H1b with the employer to file Labor application ?

thank you all for the responses and advices.

After reviewing the responses the best bet could be wait for another 6 months, then join employer B for EB2 eligibility.

Do the employer B should apply H1 for me before applying Labor or he can apply both (labor & H1) concurrently?


Pls advice, thanks in advance.

[txh1b]

The experience should be obtained as of the date labor is filed. Labor can be applied without the H1b transfer for a person. But if the intent of the delay in joining is to obtain the experience to qualify for EB2, applying for labor in advance does not serve the purpose.

[new2gc]

Thank you txh1b.

I got what you say, wait for 6 monts then file labor ...

[DMX17]

It is complicated and a competent attorney can do wonders. Above all, the job position should qualify for EB2 and then the candidate qualifications comes into picture.

My company and the lawyer is attempting for such a wonder. I hope it does not turn out to be a blunder. The case was under audit last time I checked. They want to use 1-2 yrs experience gained within the same company along a with a Master's degree.