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What are my options to file my green card by using EB2 not EB3 if there is no a new position for EB2 in my current employer??

New Haven, CT |

I asked my employer to file a green card by using EB-2 but he said that my current position is qualified for EB3 at this time. Also, my employer doesn't have a new position for EB2 now. I know that EB2 asks for either Master degree or more than 5 years of experience. I will obtain my Master soon and I do have more than 5 years of experience before I joined the company. My problem is that my employer doesn't have a new position for EB2. I am wondering if I get promoted to be in a senior level, does that help me to be qualified for EB2? What are my other options?

If I get promoted, does that help me to be qualified for EB2?

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Attorney answers 5


Fine a new employer with available position.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


You asked this question yesterday. I would recommend that you consult with the employer's lawyer. He/she is in the best position to advise you because he knows all of the facts including the company's need for certain types of employees. . If your employer is not willing to file for EB2, then there is nothing we can do.

This answer is for informational purposes only and should not be construed as legal advice.


What did the company's immigration lawyer say when you asked him/her?

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


Call employer's lawyer to discuss


Consult with your employer's lawyer. He or she will be able to discuss the potential employment visa options available to you.

The information provided is intended for informational purposes only and should not substitute for the advice and counsel of an attorney. This information does not constitute legal advice. We ask that you consult with a lawyer, as your facts are unique and because each situation requires analysis from many different perspectives. We cannot be responsible if you rely on information based on this website without the consultation of an attorney.

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