Urgent question! EB2 vs H1B renewal

dragonfly0227

New Member
When I was hired 2 years ago, I only have bachelor degree and the company job requirement was "Bachelor, Master preferred". (I don't have >5 years working experience after bachelor degree.) Last year I got my master degree and the company is trying to put me into EB2. Now the attorney is trying to get prevailing wage and they modified the job requirements (They are going to use the original job title, nothing changed except for the education requirement is changed from bachelor to master). Could anyone here tell me if it's okay?

The attorney told me, because the job description is changed, so they plan to do the H1B renewal (even though my first 3-yr H1B was used only 1.5 yr) to get the new LCA and PW, so as to file PERM, is this the right way?
 
I think what your employer is trying to do is to refile the H1 with the new job requirement and then apply for the PERM. What he/she plans to do is entirely plausible. But trying to do it w/o that is risky. DOL can say that the employer is twisting the job requirement to suit the beneficiary.
 
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