Filing PERM using experience gained with same employer
I am working for company A, last three years. In order to file green card I need to use my current experience(3 years) as I don't have previous experience to prove. Can I leave the current job from company A, go to another company(company B) and work for few months in ( company B) and go back to my previous company(company A) so I can use the three years experience for GC process? How long I have to be out of company A to use that three years experience?
Answer is No, unless you meet the following requirements. If the job being offered to you as a Green Card job is more than 50% qualitatively different than the software engineer. If you join as a software engineer you got 3 years of experience then next job offered is Project Manager for example where more than 50% of your time spent in managing projects not a hands on architecture or development. Now you can use the experience you gained because job offered is different than the job you had before. There is common sense reason for it. When you joined this employer you had zero experience, after three years employer claims that they require 3 year experience for the same job. USCIS or DOL would want to know what changed that their requirement changed.
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