Immigration Issues/EB3 to EB2 change

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Question
Dear Ajay,
I am currently on L1 working with MNC in US. My GC was filed in 2009 and i have my I 140 approved with a priority date of March 2010. I was under the assumption that it was filed under EB2 as most of emails says EB2/EB3 category. But now when i checked back i see that it was EB3 filed. I have a Masters degree with all criteria met and eligible under EB2 category. It was filed incorrect under EB3 and i never realized that. Now before i check with them i need to know what is the feasible solution for my situation. I really feel bad now as my prirotiy date is already current in EB2 category. I am with same employer from beginning and have 2+ years in india and 4+ years experience in US now.
Please let me know how i can change to EB2 with same employer and get my GC.  If there is a way to refile or change category how long it will take for me to get GC.I am planning to contact immigration team in my company tomorrow. Please provide needful information and help me with this. Thanks!

Answer
Hi,

If you are currently in L1A visa category, you are likely qualified for the EB1 category: http://www.h1b1.com/lcmultinational.htm

The employer may not have filed in EB2 for you because you may not have the equivalent of a U.S. master's degree, esp. if your bachelor's degree is a 3 year degree as opposed to a 4 year degree: www.h1b1.com/employmentbased.htm

However, the green card case can be started again in EB2 if the position for which you will not be sponsored will be substantially dissimilar from the position for which you were sponsored earlier. Good luck in negotiating with the employer, and hopefully you qualify for EB2 and the employer is willing to start the process again.  

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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