Porting EB3 to EB2 - My Difficulty

[super25]

Hi everyone.

I working on my EAD(pending I-485)and the PD for my GC application is sept 2005, as you know it might take for ever to get my GC and as i got married after applying my I-485, my wife could not work now and we are really trying hard to get her work status.

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MY Education & Exp---

- 3 yrs bachelors in India

- 8yrs of work expereince in IT(database)

- Finished my MBA 6 months ago in USA

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In this situation i approached my employer to file for a fresh GC under EB2 for which they agreed but the our attorney mentioned that they can not file as i am not eligible for EB2 i have 3 yrs indian degree and my MBA would not really change my eligibility for EB2.

Attorneys...Please let me know if that is TRUE and shed some light to find other possible ways to get a work status for my wife.

[t75]

You position did not require an MBA since you did not possess it when hired. Therefore, it does not qualify for aEB2 on that basis.

Your wife can get an H1B visa and maintain her own status until after you get a GC and can file for her and that priority date becomes current. (You should ahve worried about this BEFORE getting married to someone outside the US!)