Difference in proving skill set eligibility for H1 B and GC

[rsam]

Hello All,
I want an expert opinion on following situation:
My management informed me that they cannot apply for my green card because I do not have the required skill set for the job, however they do not have an issue on H1B renewal.
Following are the questions:
> I would be in the same position, working on same stuff if my GC is processed, wouldn't this mean that my companies assumption is wrong and if I have necessary skill set to do the job on H-1B I am very well equipped to do the same job on GC?
> Difference in proving skill set eligibility for H1-B and GC?

[raghvi]

Hello All,
I want an expert opinion on following situation:
My management informed me that they cannot apply for my green card because I do not have the required skill set for the job, however they do not have an issue on H1B renewal.
Following are the questions:
> I would be in the same position, working on same stuff if my GC is processed, wouldn't this mean that my companies assumption is wrong and if I have necessary skill set to do the job on H-1B I am very well equipped to do the same job on GC?
> Difference in proving skill set eligibility for H1-B and GC?

Mostly but not all H1B holders would qualify for a EB3/EB2 category. But technically H1B and EB3/EB2 are two different visa categories and types. So your employer may be right. Nonetheless, I would suggest you seek opinion from an independent attorney to determine if your employer is justified in stating that you are not eligible for Employment Based Immigrant visa.

This is my opinion not legal advice.