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I'm working for a big tech company. My employer is filing green card for me.
I had higher degree and more than 5 years of experience. My job level is usually qualified for EB-2 filling (all people I knew of at my level had filed their green card in EB-2 category).
However, we had a couple of team members with bachelor degrees and less than 5 years of experience that were promoted to my level recently.
For this reason, our lawyer is saying that my job description is only qualified for EB-3 filing.
My manager tried to push for EB-2 filing. But after talking to the lawyers on the phone he told me that the lawyers had looked at the current EB2 and EB3 queues and they were the same for my country so it wouldn't make any difference. They also said EB2 may cause problems if my application got audited. So they thought it's safer to file under EB3.
1. Is their reasoning make sense? Or they just want to file under to EB3 to keep me with the company longer. Do I have any good reason to argue for EB2?
2. What's the difference in timing between the 2 categories (for Vietnamese citizen specially)?
3. From what I found online, it looks like for the 2 categories, it's the same from the moment EPERM is drafted until you receive EAD. But it might be longer to get the green card if filing under EB3 comparing to EB2. Is that correct? If so, how much longer?
Many thanks,
I had higher degree and more than 5 years of experience. My job level is usually qualified for EB-2 filling (all people I knew of at my level had filed their green card in EB-2 category).
However, we had a couple of team members with bachelor degrees and less than 5 years of experience that were promoted to my level recently.
For this reason, our lawyer is saying that my job description is only qualified for EB-3 filing.
My manager tried to push for EB-2 filing. But after talking to the lawyers on the phone he told me that the lawyers had looked at the current EB2 and EB3 queues and they were the same for my country so it wouldn't make any difference. They also said EB2 may cause problems if my application got audited. So they thought it's safer to file under EB3.
1. Is their reasoning make sense? Or they just want to file under to EB3 to keep me with the company longer. Do I have any good reason to argue for EB2?
2. What's the difference in timing between the 2 categories (for Vietnamese citizen specially)?
3. From what I found online, it looks like for the 2 categories, it's the same from the moment EPERM is drafted until you receive EAD. But it might be longer to get the green card if filing under EB3 comparing to EB2. Is that correct? If so, how much longer?
Many thanks,
