H1B & GC processing in EB2/EB3

[sandeepbv2000]

Hello Gurus..

I am on H1B and have an experience of 5+ years and completed B.Tech in computer science. Couple of times, I asked my employer regarding the GC processing and they told me that they are checking on the procedures to start the GC filing. After few weeks they come back and informed that they checked with the lawyer and got the information that can be filed in EB3 not EB2 because before joining this company i have 3+ years of experience so they can't process it under EB2 so I would like to know what are chances that I can start my GC filing in EB2 ?

Appreciate your quick response on this query,...

[omshiv]

i think you should be lucky enough that your company is willing to sponsor your GC..EB2/EB3...it based on the Job req and not your wish..anways these days the processing time is all the same...

[pontevecchio]

You may need to look for another GC sponsor.

[catx]

Your employer and their lawyer are correct in their understanding and application of the immigration laws, regulations, and rules. You would need to work for another employer to be able to count your 5+ years experience toward the job requirements used to determine the employment based (EB) category.

[t75]

With the current company chances of EB2 are 0%