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Can i use previous work experience from the same company that is applying for my GC??

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  • Can i use previous work experience from the same company that is applying for my GC??

    I have been working for this company for 3 years now. They also did my H1-B.
    Now we are ready to apply for my Green card. I have a MS in chemical engineering and the company is making a decision whether they want to apply in the EB2 or EB3 category.
    The position for which this green card is being applied is new. And the lawyer is suggesting that we cannot use the 3 years prior experience with the company to create the job description.
    Is that true? If yes, why not? Why does the process need to start as if im fresh out of school with no experience?
    Please help. This effects my salary and everything else.

  • #2
    It is complicated. In short, experience from the same company cannot be counted unless the new GC job is 50% or more different than the current position and experience.

    That too DOL can ask for lot of proof or audit and hence they avoid it many times filing/using the experience.

    The logic is simple for this. The whole basis for a green card is that there is no USC resource available for the job. If one appoints a fresh grad and has him on the job for 5 years and uses the experience for a green card, they could do the same for a USC and avoid the GC processing need for an immigrant requiring so much experience. Got the point?

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      This might help.

      Check out H1 FAQs first!
      http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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