Is there a way to upgrade Green card filing from EB2, or any other option?

[ss48]

Hi all. My company filed my green card process a few years back, and my priority date for EB2 is Feb 2011. Currently on H1B. With the recent retrogression, it is unlikely (unless anyone has heard otherwise) that the date will not be current anytime soon. Two questions:

1. Is there any outlook, as reasonable as it can be, on when the date will become current?

2. I am in talks with my executives to see if my process can be accelerated, because I was promoted last year, with increased responsibilities. Any chance of changing filing to EB1 or any other alternatives?

Any suggestions will be very much appreciated.

[kabkaba]

That is up to your employer. Generally they have to file the labor for the job that was first offered to you when you started working for them, not your current job. If that qualifies for EB2 only, they cannot file in EB1. EB1 is of course reserved for very senior executives (ex. CEO, CFO) and it is much difficult to get that. Moreover since you were not hired in that position initially, they will have to show that the new position is significantly different from that position.

[ss48]

EB2 to EB1

Thanks for the prompt response. However, a couple of recent hires in the same position as mine, have been hired on L1A (they were working outside of US, and have been moved to a US based role). The question then would be that if a new hire qualifies for an L1A where the GC takes less than 6 months, what happens in cases like mine, where I have moved from a junior position to the senior role, but I was in US all along?

Are there ways to change the visa category from H to L, and therefore expedite the GC processing? As a matter of fact, my labor and I140 are already approved.

That is up to your employer. Generally they have to file the labor for the job that was first offered to you when you started working for them, not your current job. If that qualifies for EB2 only, they cannot file in EB1. EB1 is of course reserved for very senior executives (ex. CEO, CFO) and it is much difficult to get that. Moreover since you were not hired in that position initially, they will have to show that the new position is significantly different from that position.

[sharmavaibhav]

Could you please update what happened to your case?