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ginni_k

Problem with filing GC

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Hi, I work for university on H1b visa, Hiring was done by promising that GC will be filed after the completion of 2 yrs of employment. After two years when I asked to file then the lawyer of University told me that GC can not be filed because of job description.

Education qualification for my position is Bachelor degree or equivalent combination. Lawyer said we have to remove the "or clause" and HR is not ready to do it.

Lawyer is saying that Filing of GC with current job description is not possible because it includes diploma holder candidates also and it will be rejected because INS would ask why u need an alien when u can get citizen with diploma. I have left only two years on my H1B. Is there any way that my GC can be filed with current job description????

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Since you work for a Univ. i am assuming that this is a non profit university. so you donot come under the 6 year rule. You can check this from your attorney. If that is the case then you can move over to a private employer and file for a h1b. In that way you still have the full 6 years to utilize

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It is illegal to specifically create a job with new educational requirements just to file for GC for you. The university is correct not to do so.

By the way, given the number of well qualified individuals wanting to work at legitimate universities, I would not expect the process to go forward.

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