File GC with Brother's company with less than 10 employees

archanadhar19

Registered Users (C)
Hi,

My H1 is thru my brothers company and I am interested in filing the green card through my Brother's company in EB2 category.
I have B.S degree, more than 5 years of IT experience and getting prevailing wages through my brother's company consistently for more than a year.

Are there any issues in filing the GC if :-
1) My brother is my employer. (Does blood relation with your employer plays a key role)
2) Mr brother's comapny has less than 10 employees.

Also I have another query regarding EB2 category. I got the following response from one of the renowed lawyers :-

There are only a few positions that are Department of Labor approved EB2 positions. They are Software Engineer and Database Admin. A Programmer Analyst, Systems Analyst Computer Programmer do now require a Master's Degree. Even if the candidate has a Master's Degree or the experience if the position does not require it they cannot be filed in the EB2 category. Right now EB2 for India is not current and so no adjustment can be filed at this time, EB3 is backlogged to April, 2001.


So if my position is Progammer Analyst on my visa , then I CANNOT file green card on EB2 or It is NOT RECOMMENDED to file in eb2 category as it might get rejected

Thanks in anticipation,
Archana.
 
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