Green Card question

[abishagenaden]

Hi:

I am trying to initiate the green card application process through my company, but have run into a little speed bump. I would like to clarify a few facts before I make my next decision.

I received an email from our legal department saying that I will qualify to file under EB-2 (I have a Masters degree) status in Sept 2008. They said that the benefit of filing under EB-2 is "the ability to file their I-485 concurrently with their I-140 and will not face visa retrogression." Is this true, and if so, how exactly does this impact me? They also said that if they file for me now under my current position (before my next promotion to 'manager' in 2008), my "application will be stuck in visa retrogression, which means (1) I would not be able to file the I-485 adjustment of status, and (2) I would be stuck at my current position, and unable to take a promotion to Manager, until a visa number becomes available. With current processing times, this means the foreign national would need to remain a Senior for the next 5 years or more." Again, is this true? I was -not- born in China, India, or the Phillipines, if that matters at all.

Thanks in advance for all your help!

[immihelp]

Your company is completely lying to you.

The job experience in current company does not count towards the green card.
Your promotion would not affect your GC processing.
You can file I-140 and I-485 in any category as long as the priority date is current.
Chances of rejection are higher in EB2 compared to EB3.

You should ask them to file your green card in EB3 right away.