Green Card Recruitment and Eligibility

[sashadpanther]

Hello,

My company is getting ready to process my green card. At the time of my original hiring last year (transfer of H1B) they went thru the whole interview process and interviewed five candidates and finally selected me.

Then they filed for H1 transfer and it got approved. Now they are planning to start for my green card. Attorney said that you have to go thru same interview process all over again to prove DOL that you didnt find anybody else than me to work for this position and so starting my green card.

So my questions are:

1. Is that true that my company has to start the recruitment process again?
2. Can't they prove using last year's recruitment process?
3. Also is there any website where we can see the eligibility of green card? Meaning which category (EB1, EB2 or EB3) my job classification falls in?

Thanks.

Sasha

[immihelp]

1. Yes.

2. No. If they were to use the same process, you would not have been able to get selected because in that process that can hire people only with already greencard, US citizen or at least EAD.

3. /employment-based-greencard/