Green card processing for a Startup employee

[kedzar]

Hello,

I have a basic understanding of the GC process. And I have 2 very specific questions. BEfore that just to give a little background regarding this case, I would like to apply for GC under EB2 category. I currently have H1-B and I am on my 2nd Year. I work for a startup and they have agreed to sponsor my green card. I have Masters in computer science from a USA University

Question 1: The position that I hold according to my H1-b application is Computer programmer. That means I don't need MS degree for the current position that i hold.(not claiming i know exactly what it means but just interpreting what attorney said)

Can I apply for say software Developer position in the same company that requires Masters degree as part of its requirement and duties. I do understand that they have to create a new position and announce a salary range for the same and do all the advertising process.

But can i currently be holding a position that does not require MS degree and apply for GC EB2 for a position that does require MS degree,

Question 2:

If the answer to question 1 is yes, then here's another question . Since we are still pre revenue, we at any time have funds in our account for next 1 - 1 1/2 years. So can the funds that we have justify the new position and salary associated with the same.

THank you for your help. I am not able to find clear answers from anywhere.

I will appreciate any help.

THanks again.

[pontevecchio]

Your first step should be to discuss the whole situation with a good Law Firm,say the firm of Murthy and then plan ahead.