thank you all a lot, but..


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Greetings friends,

I find tremendous value in the many posts and responses in this forum. I can't thank you all enough for the ton of info I gathered to learn about H1B, GC etc..

Mostly, each person's visa/immigration scenario has already been accounted by somebody else's in the past from the responses. Hence I found this forum really valuable, as a silent reader. But I wasn't able to fit myself into such a scenario, and I've decided to create my account and make my first post here, seeking some friendly advice.. thank you all once again in advance:

I am currently in my 4th year of H1b (joined a new employer 8 months ago). My employer is willing to start the GC process, but my HR + attorney have determined that my job falls under EB3 category. They're not willing for EB2. (During job interviews, they said the GC category would be determined after I start work, so I didn't have a chance to clarify, but since its a reputed employer and since the job description had atleast 3 years of experience (min bachelors but masters prefered), I took the risk of giving up my previous EB3 application with approved PERM by my old employer and restart the entire process by the new employer hoping for a EB2). Now I feel that like a fool.

I took a shot at asking my Company-appointed-attorney about my thoughts, but I got a response stating that my interests seem questionable to the current job I have and threatened to notify my employer about my "new" interests.

So please dear friends, advice on my following thoughts:

I understand that EB category solely depends on job requirements, and there are some positions "now" in a subsidary company with "Masters" as minimum requirement.

1. Can I have my employer apply PERM for my current job, then switch to the new job, there by doing a EB3 -> EB2 ? Please note, the new job would be in a subsidary (with a different EIN). Will this cause a H1b change of employer requirement?

2. Instead, if I start looking for a new job with a completely new employer, I might end up starting my new job into my 5th year of H1b.. if I do get lucky this time and my potential new (3rd) employer starts GC under EB2, will I have a chance for H1b extension beyond the 6 year limit?

Thanks a ton for reading, I will greatly appreciate any responses..

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