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boston_gc
01-04-2011, 04:30 PM
Gurus:

I will really appreciate your help on this:
My company is ready to file EB2 PERM for me so I can port my EB3 priority.
For this, we have a new job description that is at least 50% different than EB3 job description.

My question is:

1: Is it safe to use some period of experience gained in the same company? FYI, I was moved to a different location, with a diffrent title.
2: If we use the experience gained in the same company, is it a sure case audit?
3: Has anyone tried this before without getting audited?

Thanks gurus. I really really need your help. I am not sure why, but my boss is kind of stuck on using experience gained with the current employer to boost the requirements and make sure that we don't get too many applicants. I am not sure which path is riskier?

goel_ar
01-04-2011, 04:44 PM
My Lawyer didn't allow me to use the experience within same company.
But mine was not a porting case either.

suttu
01-04-2011, 05:03 PM
my company filed the EB2 case for me using the experience i had gained at my current employer. The new job function is different but not majorly so - basically a promotion from TL to Manager. The lawyers did take 6-8 months to go through the advertising and recruitment.
Case filed on 11/15 and got approval email on 12/4.

abhishek101
01-04-2011, 05:04 PM
Just did it got my labor got approved in 14 days (Dec 27). Most if not all the experience was from previous jobs in the same company. Few things though:

1. I work for a Fortune 10 company.
2. I had moved from Tech to risk management. and all old jobs were very different.

ramaonline
01-04-2011, 05:36 PM
You can use the experience from the current employer as long as it is 50% different from the future job / position.

andycool
01-04-2011, 05:46 PM
You can use the experience from the current employer as long as it is 50% different from the future job / position.

Yes i agree with this..
Your attorney will be able to give clear info about this ..

boston_gc
01-04-2011, 06:57 PM
Thanks guys. So, it seems like as long as job description is different by 50%, it is OK. It is kind of interesting because when I googled this topic, all I have seen is that it increases the likelyhood of audit.

regards,