narean999
03-07-2012, 10:49 AM
Here are my details:
1. Company XYZ filed for my H1B in 2005 and I started working for them from Aug’2006.
2. Have experience of 4.5 years before joining the company XYZ in Aug’2006.
3. Labor & 140 approved with company XYZ with priority date of 07/31/2008.
4. Was started consulting for company ‘ABC’ from Aug’2006 which placed me to work for their client ‘BCD’.
5. Took a full time position with company ‘BCD’ in May’2010.Worked for 4.5 year before taking the full time position.
6. Now the company ‘BCD’ planning to apply for my GC in PERM process.
I asked company attorney to file new GC in EB2 category (B.E+5 years).But they are saying they can’t count the experience as a consultant at company ‘BCD’ to file it in EB2 category.
Question:
1. Can I use my experience as a consultant at the same company filing for my GC before joining them as a full time position? I am on the payrole of company 'XYZ' at that time.
2. Will the company get any audit for this reason?
1. Company XYZ filed for my H1B in 2005 and I started working for them from Aug’2006.
2. Have experience of 4.5 years before joining the company XYZ in Aug’2006.
3. Labor & 140 approved with company XYZ with priority date of 07/31/2008.
4. Was started consulting for company ‘ABC’ from Aug’2006 which placed me to work for their client ‘BCD’.
5. Took a full time position with company ‘BCD’ in May’2010.Worked for 4.5 year before taking the full time position.
6. Now the company ‘BCD’ planning to apply for my GC in PERM process.
I asked company attorney to file new GC in EB2 category (B.E+5 years).But they are saying they can’t count the experience as a consultant at company ‘BCD’ to file it in EB2 category.
Question:
1. Can I use my experience as a consultant at the same company filing for my GC before joining them as a full time position? I am on the payrole of company 'XYZ' at that time.
2. Will the company get any audit for this reason?