Does current policy allow one to count experience gained at the same company?
It depends on how different the two positions are before and after the promotion. For example, if one is promoted from a junior professional position to a senior professional position, the experience gained as the junior position may not count. Why? These are both "professional" kind of positions and the nature of the job may not be different enough to justify counting it. However, if one is promoted from a professional level job to a managerial position, the professional level experience will definitely count. This is a guideline and subject to the interpretation of (1) the attorneys and (2) the officer handling the case. I'm sure there will be exception cases.
I've processed at least two cases for my employees, counting their experience gained at the same company. And myself is another example.
Under PERM, no experience gained from the same company will count.
There is also the key question of whether the years of experience is RELATED to the current job. For example, if you were a physicist for 5 years in your home country, but now are applying for LCA for a IT position, the physicist position may be questionable.
What may help to a great extent is finding a reputable law firm with a good track record.
It depends on how different the two positions are before and after the promotion. For example, if one is promoted from a junior professional position to a senior professional position, the experience gained as the junior position may not count. Why? These are both "professional" kind of positions and the nature of the job may not be different enough to justify counting it. However, if one is promoted from a professional level job to a managerial position, the professional level experience will definitely count. This is a guideline and subject to the interpretation of (1) the attorneys and (2) the officer handling the case. I'm sure there will be exception cases.
I've processed at least two cases for my employees, counting their experience gained at the same company. And myself is another example.
Under PERM, no experience gained from the same company will count.
There is also the key question of whether the years of experience is RELATED to the current job. For example, if you were a physicist for 5 years in your home country, but now are applying for LCA for a IT position, the physicist position may be questionable.
What may help to a great extent is finding a reputable law firm with a good track record.
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