Experience with Same Eemployer

[dc2009]

Has any one of you used the experience from the same employer for your Green card process? I would really really appreciate if you can provide any tips or share your experiences.

Is it clear case of getting audited? Has any one of you seen success with this? How to differentiate whether the duties are 50% different?

Just a brief info:
When I joined my current company 3.5 yrs back, I joined on a different position and then worked on that position for 2 yrs. My current position requires to have BS + 2 years of experience, but since my experience before joining employer is less than the required 2 yrs and previous position was quite different that my current position, my lawyer has decided that we use the previous experience with my current employer.

This is what I found regarding PERM guidelines:
"Employers may continue to use experience gained by a foreign national with the petitioning employer (as an employee or contractor), but only where the experience was gained in a position that was not “substantially comparable” to the position involved in the labor certification. A prior position will be considered “substantially comparable” if at least 50% of the duties of the two positions are the same. "

Thanks for the help guys.

[txh1b]

If on the job experience is being counted, one has to prove that the GC position responsibilities are atleast 51% or more different from the position that you currently hold. The burden of proving that the duties are different is upon the alien and employer in terms of job ad for previous position, new position and employment/experience letters from the HR/manager.

Example would be you work as a Software Engineer for 2 years. The GC position is for a Project Manager. The experience gained as a SW Engineer can be used as the position and responsibilities for a Project Manager are different from that of an Analyst.