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Hi,
I hope you can give me some answers:
I have a german diploma and been working at my company for overall 8 years.
The first 2 years I worked for the german subsidary, then 3 years for the american subsidary, 1 year in the South African subsidary and then I came back to the US company. Each of these changes basically required me to sign a new employment agreement as each of the subsidaries were independent companies, but had the same name.
When I came back to the US the second time, in 2009 my employer filed for a greencard for me. Unfortunattly in the EB3 category, claiming that my experience only counts as the time BEFORE I was employed by them. The question in my case is if that BEFORE, the first starting date with my company, or the second time I cam back to the US and could I possibly argue that I should be filled within the EB2 category.
To make matters more complicated my company was now sold to another company, which according to them requires the "transfer of the greencard process to the new company" to be approved. I just got my PERM Application approved under the "old" company would re-starting the process in the EB2 category make me loose my old priority date?
Is there any way I can have them re-file in the EB2 category?
Thanks a lot,
Doreen
I hope you can give me some answers:
I have a german diploma and been working at my company for overall 8 years.
The first 2 years I worked for the german subsidary, then 3 years for the american subsidary, 1 year in the South African subsidary and then I came back to the US company. Each of these changes basically required me to sign a new employment agreement as each of the subsidaries were independent companies, but had the same name.
When I came back to the US the second time, in 2009 my employer filed for a greencard for me. Unfortunattly in the EB3 category, claiming that my experience only counts as the time BEFORE I was employed by them. The question in my case is if that BEFORE, the first starting date with my company, or the second time I cam back to the US and could I possibly argue that I should be filled within the EB2 category.
To make matters more complicated my company was now sold to another company, which according to them requires the "transfer of the greencard process to the new company" to be approved. I just got my PERM Application approved under the "old" company would re-starting the process in the EB2 category make me loose my old priority date?
Is there any way I can have them re-file in the EB2 category?
Thanks a lot,
Doreen
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