Venkat Arava

I worked with company 'A' for 4 yrs. and now I am working with company 'B' for the
past 2 yrs. My current employer 'B' elevated my position to senior level last week
and is about to file my labor petition for GC. Since I moved to senior level position
in the same company, will I be able to add the present 2 yrs. experience (with the
same company) to the 4 yrs. experience with previous employer 'A' to count towards
the five year plus Bachelor's degree requirement to file my petition under EB-2
catogery? Could you please answer my query. This is very important. Thank you.

Irina

I am afraid the answer is "no". At least, this was in my case.

I am not a lawyer and not Ingo

Venkat Arava wrote:

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Sylvia Ottemoeller

Venkat Arava wrote:

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If company B can demonstrate to the Department of Labor, and ultimately to INS, that
the senior position offered to you now is sufficiently dissimilar from the position
which you occupied for the last two years, then those 2 years can be counted.

This is a very tricky maneuver, and it should not be attempted without the assistance
of a very experienced immigration practitioner. If DOL thinks the senior position is
similar to the previous position, and employer B actually provided you with the
experience necessary to take that position, and thus the situation is unfair to a
U.S. worker, there is a risk that DOL will deny the application.

It may be more advantageous to you not to take a chance on this maneuver, and to
accept EB-3 classification. You should sit down with a good immigration attorney, to
get an educated analysis of your particular case.