EB2 eligibility

[ghankote1984]

I work for a company since 1.5 yrs and my employer is ready to file GC.I have a master degree in US. My job requirement didn't need any MS degree. My attorney says GC needs to be filed in EB3 since the job description doesn't stipulate MS degree as a requirement. If I apply in EB3 now, when will I be eligible to upgrade my application to EB2. Am on H1b since 2008 OCT. Is there any other possible options that I can talk to my employer now and file in EB2?



Thank you

 

[littleadv]

They have to change the job description, it have implication on the prevailing wage, and other components of the request, so they might not want to do that (after all, they can't lie, if they write down a different position than what you have - they'll have to actually offer it to you). Ask about your promotion perspectives, and maybe it will be worth your while to wait a bit till you get promoted and the job description changes.