回复：Can I count experience from EB3, to upgrade to EB2 carryover?

Now I have many years more experience with the company, I asked my company lawyer about EB3 carryover to EB2, they said if I were to use experience cumulated from my current employer, my case will likely get audited by CIS. The thing is if I can legally count my experience in my current company per immigration law, I would have way more than the 5 year experience requirement for filing EB2.

Can some expert advise if I may use experience cumulated in my current employer, who filed my EB3, to file a EB2 carryover? If not, it will be still hard to persuade my company to use master as a minimum job requirement. Thanks for advice and sharing your experience.

-Your lawyer is right. You can not use the expereince you get from your current employer for the new position in the same employer for new PERM unless: (1) your current position is not substantisally comparable to the new position for new PERM; or (2) the employer can demonstrate that it is no long feasible to train a worker to qulaify that new position.

A substantially comparable job or position means a job or position requiring perfamance of the same duties more than 50% of the time.