Eligibility for EB2 or EB3 with first employer


I am currently on H1. I have total 6 years of experience with the same employer. This is my first employer. Of the total 6 years 2.5 years experience in India and the remaining in USA. Can my employer file for GC under EB2? I heard that experience with first employer is not counted for EB2 category. Is that the case? Am I eligible for EB2? Please help.

I am facing the same situation. my company’s attorney said that I may be elligible for EB2 only if they are able to prove that I have gained progressive experience of 5 years and explain how this experience is going to help me perform my duties in my new role(note that he also suggested a new role as the role at which i joined was not EB2 specific). Keep in mind that for GC both the person AND the job needs to be clearly categorized. For example:- if the job requirement states BS + 3 years of experience, then even if the candidate has say 6 years of experience, the employer will not be able to file his gc in EB2. But say if the requirement is MS + 3 years OR BS + 5 years exp required, then the employer can start the candidate’s GC.

There are lots of if’s and but’s in GC processing and it can be different case to case. I would strongly suggest you to discuss your case with your company’s immigration department and the attorney.

ok, will have to check with my immigration team