Hi,
I have a question on whethere I can apply under EB3 or EB2 (to avoid to wait due to retrogration)? The labor certification (NOT through PERM) for my position has been approved.
When I applied for labor certification, it was for a position that requires BS with 1 year experience. However, I was recently promoted to a higher level position whose job requirement states a minimum of 5 years of experience. And, I do have 5+ years of experience. I do NOT have MS degree.
Now, my questions are:
- can I apply under EB2 now that I have 5+ years of experience and in a position that requires as such. Even though the old job title requiring 1 year of experience is listed in the labor certification.
- Do I need to switch back to my old job title?
- If I can NOT apply under EB2, can I start over, meaning that apply for labor certification without changing the company I currently employed at?
- If I can reapply for labor certification for the NEW position that I am at, what will happen to my H-1B? Should I apply for new H1B? My extended H1B will expire this October.
Thanks for your help
I have a question on whethere I can apply under EB3 or EB2 (to avoid to wait due to retrogration)? The labor certification (NOT through PERM) for my position has been approved.
When I applied for labor certification, it was for a position that requires BS with 1 year experience. However, I was recently promoted to a higher level position whose job requirement states a minimum of 5 years of experience. And, I do have 5+ years of experience. I do NOT have MS degree.
Now, my questions are:
- can I apply under EB2 now that I have 5+ years of experience and in a position that requires as such. Even though the old job title requiring 1 year of experience is listed in the labor certification.
- Do I need to switch back to my old job title?
- If I can NOT apply under EB2, can I start over, meaning that apply for labor certification without changing the company I currently employed at?
- If I can reapply for labor certification for the NEW position that I am at, what will happen to my H-1B? Should I apply for new H1B? My extended H1B will expire this October.
Thanks for your help