Future GC Sponsorship

[dmitri]

Hi All,

I am a victim of unfair so called 'Company Policy' where I have a B.E(4 years)+M.S(US Univ 2 Years)+8 Years of work experience yet my company filed GC in EB3.(citing reasons like-This position does not require Masters and other people working in this position are high school graduates or associate degree or even without college degree)i did verify the job requirement with manager and it did turn out that the position did require bachelor+5 years of work experience.i think the company filed in EB3 because they dont want me to get green card and also dont want to invite audit or dont want to be company that helps immigrants get green card.(which is very unfair actually)I came here 10 years ago ,worked hard,did master's legally.when the company post the job opening they will list 100 job requirements,when it comes to sponsoring H1B - they will list 100 qualities(including Master's)but when it comes to sponsoring green card ,they will list only bachelor+2 years.What kind of justice is this?

My manager has tried to help me but even his hands are tied.there is only so much he can do.

so anyways-after getting frustrated for 2 years and talking to attorneys and reading on forums

I found that I can upgrade to EB2 keeping old PD by refiling PERM in EB2 with another employer.the only caveat is - if my current employer revokes or withdraws i 140 then i stand to lose old priority date(10% risk).the attorney then advised that i file for PERM in EB2,get I 140 approved,port the date to new I 140 and then transfer H1B to new employer-which becomes case of future gc sponsorship.

It so happens that there are not many company who will wait for PERM to approve without joining them after successful interview.

I am writing in this forum hoping someone will help me.

Are there any companies who are willing to initiate the PERM process without joining them?

Anyone,Anywhere - please help.its very frustrating.

Please advise-i will be very very grateful and thankful to you

thanks

[ramaonline]

The old Priority date can be ported even if the original I140 is revoked. There are a number of posts in this forum from those who have done it with no issues as the law allows it. The only case where it cannot be done is if the I140 was revoked due to fraud (which is not a very common scenario)

[pappu]

Not sure about your specific job requirements, but there seems to be a big misconception in a lot of us in EB3 community. Many of us are masters degree holders and/or having 5 year plus experience. So we think our employer should have applied in EB2. And if they did not, then the lawyer or employer are unfair or intentionally doing it.

Even if someone is a PhD degree holder and has 15 year work experience, if that person gets for example a job as entry level junior programmer for which advanced degree and experience is not a minimum requirement, he will only have to apply in EB3 . This is the law.

The solution to this is applying to a job that where the minimum job requirement is masters degree and/or 5 plus year experience. This is tough as many jobs do not have such requirements so many of us end up in EB3 jobs and mistakenly blame our employers for it.