Question on the Green card filing


vzuser

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I have a general question on the green card application processing and need your help.

I am currently working for a company as an employee and my H1B filed with that company based on Bachelors as minimum requirement. Now the same company is willing to sponsor me for green card. I currently have masters degree and 4+ years experience excluding the current company experience and i also have a approved I-140 from my previous employer.

The question i have is,

Is it ok to file with my current company with masters in EB2 category by having masters degree as minumum requirement or will there any problems ? ( since i have the current H1b they filed has Bachelors as minimum requirement).

Also, since i have less than five years experience.. i can't file with Bachelors + 5 yrs experience in EB2 category.

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Generally, the legitimate minimum requirements for a position should be the same whether it is for an H1B visa or an immigrant visa. However, it may be beneficial to ask the employer what the true minimum requirements for the position are, and verify what language the employer used in the H1B support letter. It is possible the true minimum requirements for the position are higher than previously described in the H1B petition, but the employer failed to describe this higher standard because it is not necessary in the H1B petition. However, if the legitimate requirements are less than a Master’s degree, it is inappropriate / inaccurate to state the higher requirements in the PERM process. For a more in-depth discussion regarding this matter please contact a qualified U.S. immigration attorney.

The Murthy Law Firm has a very well-regarded Green Card Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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