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Employer not ready to apply for GC in EB2 category

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  • Employer not ready to apply for GC in EB2 category

    I am in a very tricky situation. I need some guidance from gurus and also people who have been in similar situations.

    I love my job and the place where I work. It will be horrible for me to change my job because of Green Card. But in any case getting green card quickly is my priority over job satisfaction or even money because of long term benefits.

    Sorry for long intro but my situation is like this: I joined this company when I had 4 years of experience in IT. They applied for my GC and already got I-140 approved with PD of Nov, 2008. After labor certi approval I got promoted as lead. And after I-140 approval I got promoted as manager. My new JD as a manager requires 6 years of experience and bachelor's degree (which I have). So I requested my employer to start another GC application in EB2 category. But because of cost and some weird rules they are not ready to start another application. Strangely enough, my employer renewed my H1B with JD of my first position in this company while I was already promoted at that time (somehow I over looked it that time). I am in 5th year of H1B if that helps you in responding to my questions below.

    I am confused about:
    1. Don't my company "have to" apply new labor and I-140 for GC as my JD has changed a lot from senior developer to development manager? If it does, I can convince them to apply in EB2 for new application.
    2. Don't they need to do something about JD associated with my H1B when I got promoted?

    Any response will be highly appreciated...

  • #2
    No response at all?

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    • #3
      You cannot ask a company to file for GC under eb2 or eb3. First find out if the requirements that the company has for eb2 matches your education and expereince.

      I'm not an attorney, this is a suggestion. Pl consult your attorney for further clarifications.

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