Start in EB3 or keep aiming for EB2


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I'm currently on H1B. I'm eligible to start the GC process through my employer, but have been discussing the targeted category now for almost a year. There were many delays in this because other people have quit, our company even got bought by a bigger one, process changes etc.


Essentially, my current job and experience would justify EB2. However that's only the case since a few months. When I joined the company, I didn't have the 5 year post-bachelor experience. And to count the time at my current employer, I'd have to transition into a 50% or more different role. I think that's doable, because I got several promotions since I joined, and essentially I'm moving increasingly from a technology-focused role to a manager position.


But I've been discussing this with my manager, with HR and with the immigration attorneys now for almost a year, and it's just not getting anywhere. There's a huge gap of knowledge and they don't show that they really want to cooperate to make this change in position going to happen. It's frustrating to not feel support from the company, especially because this is of course of huge importance to me and my family. I've been multiple times close to quitting, simply because of the lack of support and very long response times from the involved parties.


So at this point, I'm thinking if I should keep aiming for EB2, or if I should give up and start in EB3. I'm ROW (rest of world), so the difference in waiting time is about 17 months according to the April 2014 Visa Bulletin. That doesn't sound much, but it's only recently decreased, and it could increase at any time again. I've just been thinking that it's more likely that EB2 stays current, than that EB3 keeps being 17 months "only".


According to our attorney, they'll need 9 months for PERM preparation, plus the PERM waiting time (currently 9 months), plus then currently 17 months if in EB3. So in total it would currently be 18 months in EB2 vs. 35 months in EB3, at least that's my understanding.


What would you do in my situation? Does it make sense to start in EB3 or should I keep pressing on EB2?



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