Can I use experience of previous job at the same employer for labor certification?

[sthorat]

Hi forum,
I've been frequent visitor and this is my first message.
I have been working as a Materials Engineer with a company for 4 years on H1-B visa. Now I got promoted within the same group as a Product Manager.
The company now is filing for labor as a part of my greencard processing. My questions are:
1) Shall my employer file for labor for the product manager's job or for material's engineer job for which I was hired in the company?
2) Can I use the experience from my previous job of Materials Engineer (although at the same employer) to match the labor certification requirements?
Thanks a lot for your help.
Sudhir

[drsaqib191]

To my knowledge, as told by my lawyer you can not use the experience from the same employer who is filing for your green card. Can you do it if it was a different position title? I am not sure, you may need to double check the information.
As I am nearly in the same situation, can you kindly tell me, if you filed a new H1-B with the same company when you were promoted to a different position? Or with same H1-B you were promoted. And, I mean do you need to inform USCIS about this change? Will appreciate your comment.

Thank you.