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?

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ANSWER: 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=sXq6DaDK7AA#t=813

FAQ Transcript

Normally you cannot use as a prerequisite qualification for a job experience that you gained with same employer. To give you an example, let say I joined an employer as an software engineer and I worked 3 years as an software engineer. When I joined the employer, I had zero experience I am right out of the school with master degree and all 3 year of experience with same employer. So when I file my PERM application, can I require that every applicant must have 3 years of experience at least? 

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. 

Now answer to the mass question. I am working for company 'A' for last 3 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 'B' and work for few months in company 'B' and go back to my previous company 'A'. So can I use the 3 years experience of GC process?

Answer: No. I don't think so you still need substantially different job so it is better to be offered substantially different job and apply with the same employer because working for few months for another employer will not work. However if you go from employer 'A' to employer 'B' and employer 'B' does your GC then there is no problem. You can use the experience you got.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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