EB-2 experience

Question details

I am currently on H1B and have I-140 approved on EB-3 with a PD of Oct 06. I have overall 9 years of experience, which includes 4.5 years outside current employer. However, I had resigned my current employer an year ago and worked for a different company for an year and then joined back my current employer in Aug 2010. Since I haven't been continuously employed with current employer, I am wondering if ALL years prior to Aug 2010 can be considered for EB2 qualification.

ANSWER

Continuous employment is not required, but you can use the experience with the same employer ONLY if the job you used to perform and the job you will perform after the green card are more than 50% different.

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