PERM in EB2 with Bachelors+8yrs( 4 yrs with current employer) - Risk of audit??

[saik]

Hi,
Here is my situation.
Bachelors in Computer Science
4 yrs of work experience in India.
4 yrs of exp with current employer X, on H1B. [H1 6th yr expires 9/2013]

Employer X planning to file for PERM in EB2. The attorney said since I have Bachelors+4yrs prior to joining current employer, they would apply PERM for higher position( than the position shown in H1B) so that work experience from current position can be added and that way my case can qualify for EB2.

I hope the attorney knows what he/she is doing but want to check if anyone has gone through similar situation and how it worked for them.
Would there be risk of audit in this case? Since my H1B expires next yr is it worth taking the risk of audit or Is it better to find another employer who can do my GC?

Any suggestions, ideas are highly appreciated.

Sincerely,
saik

[what_now]

Hi,
Here is my situation.
Bachelors in Computer Science
4 yrs of work experience in India.
4 yrs of exp with current employer X, on H1B. [H1 6th yr expires 9/2013]

Employer X planning to file for PERM in EB2. The attorney said since I have Bachelors+4yrs prior to joining current employer, they would apply PERM for higher position( than the position shown in H1B) so that work experience from current position can be added and that way my case can qualify for EB2.

I hope the attorney knows what he/she is doing but want to check if anyone has gone through similar situation and how it worked for them.
Would there be risk of audit in this case? Since my H1B expires next yr is it worth taking the risk of audit or Is it better to find another employer who can do my GC?

Any suggestions, ideas are highly appreciated.

Sincerely,
saik
Was yours a 3 year degree?

[saik]

Its 4 yr degree.

Thanks,
Saik

[what_now]

far as I know you can not use experience from same employer who is applying for your PERM.

[vk2007]

There may be possibility for you to use your experience from current employer if the new job being offered by your employer has duties that are >50% different from your current job.

[kishore.salla]

You cannot claim any experience gained after joining the present GC sponsering employer.

Its very risky to puruse EB2 in this case because should atleast have Master's or Bachelors +5 yrs before joining this employer

[krishmunn]

You cannot claim any experience gained after joining the present GC sponsering employer.

Its very risky to puruse EB2 in this case because should atleast have Master's or Bachelors +5 yrs before joining this employer

Incorrect. You can use experience from current employer if the offered position is > 50% different from current position. From what you attorny said, it looks like he knows what he is doing.