Frens, any suggestions would be appreciated!

I’m working as IT Consultant in H1 and getting my Masters degree this summer. My employer is willing to sponsor for my Greencard, however, has very little knowledge of the process. I had asked them to wait til I get my Masters so I could apply under EB2, however, they recently came back to me saying that they can’t do EB2 because the lawyer told them that my job doesn’t say it requires masters degree nor it pays at that level. So, my question is:

-          is it possible for my company to create a temporary job title that requires masters degree and apply for PERM?

-          Will have to hire me to that position and pay me as well while my green card is under process i.e. do they need to send a proof of this? I’m sure that they might be willing to create new job title for me, but may be not pay any higher!!

 guess, I’m trying to figure out the best way to convince them to apply under EB2, if possible. Thanks.

The education earned while working at the same employer does not count for EB2 unless the new job nature is different more than 50% of what you are doing now. 'Business Necessity' might be an issue and point that triggers 'audit' in Labor Certification which could be a headache for employer.

Lawyer could be right. They no better than us-speciallly loop holes.

They dont have to hire you and pay the new salary until you get green card or hired for that position. But if you are paid less before then they might have to submit financial documents to prove 'ability to pay'. If you are making that money before filing green card, simply pay stub might be fine.

look in other website such as murthy.com and trackitt.com

Anyone has any idea how long will it take to get green card after you labor has been approved in EB3 category ?

years. there is backlog on EB3. Check processing times on USCIS website.

First you need to apply for Labor Cirtification, which may cost you $800 to publice ad on news paper.

No, I am talking after approval of the labor certification.

Any rough idea ??

Sampada

www.trackitt.com

See I-485 tracker for EB3. you will get an idea.

Good Luck.

Thanks for the info nepal_ko_lato. I'm still surprised on how these dhoti consultancies apply on EB2 to anyone who has masters regardless of what position they're working as. At least 3 people i know have applied in EB2 through them and they make it sound so easy!!!