jet_hawk Posted February 25, 2013 Report Posted February 25, 2013 Hi, I am working from Company A and they have filed by GC in EB3 categaro and they will never upgrade it to EB2 even I am eligible for that. Can I start new green card process with other company in EB2 categary without joining them. What will be the implications? Will I be able to keep the same prioriry date? Thanks
catx Posted February 26, 2013 Report Posted February 26, 2013 I am working from Company A and they have filed by GC in EB3 category and they will never upgrade it to EB2 even I am eligible for that. Remember that the employment based (EB) category is based on the employer's job requirements (education and experience) -- not the employee's qualifications. In other words, an employer choosing not to require employee's with a Masters degree or equivalent is entirely, 100% their decision based on their business needs.
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