Job Description discrepancy

[jonga]

Hi, 

 

I wanted to get your opinion on my situation.

I have been working this company for 4 years and I have the option to file for a Green Card through the company. 

 

When I was hired in, my job description stated a minimum requirement = Mater's degree, which I hold. Based on what I have read, this should qualify me for an EB2.

 

The HR now refutes the original job description and says there was an error in the description - MS is not required for the position. No effort has been made so far by HR either to correct the job description or to inform me of an error. On the other hand, the same job description has been used with USCIS for filing and renewing the H1B visa. 

 

Now, since the HR is not willing to accept the original job description, they want to file in an EB3, which I dont want. 

What do you think I can do to build a case with HR and Legal about going back on the job description? Is there anything legally wrong with using one job description to file for a H1B and then a different one to file for a GC?

 

Thanks

Jay

[rahul412]

You got nothing to do. Find another employer or go for EB3, and in future you can port to EB2 when you find EB2 job for GC.