Immigration Issues/Green Card



It would be great if you could help me with the questions on the Green Card.
I am a Lithuanian citizen on H1B visa, and my wife is Japanese on H4. I had received my H1B 1.5 years ago.
I filled for the PERM and received it last year. At first my lawyers thought that I could qualify for the EB2 category, so I was exited to file the I-140 and I-485 concurrently. Right now my lawyers are saying that I do not qualify for the EB2, and I have to file as EB3… They said that even though I am almost done with my masters, I cannot use to file for EB2 since the initial job requirement to accept me at the company was an undergraduate degree. I think you can see my frustration because I do not want to wait for 6 more years just to file for the I-485.
I am concerned about the following:
1. After I receive my master’s degree, is it possible to “receive a promotion” in the company for another job title and file as the EB2? Or would I need to change the jobs to do so?
2. After I-140 is filled, can my wife and I receive some sort of work-authorization, or some other document that would help us to pursue employment. For example, while I am waiting for the I-485, if I decided to look for another job. Would that be a new H1B? Would all my case be cancelled?
3. Please let me know what my other options are??? My company is very supportive; therefore, we could come up with some creative ideas.

I look forward to hearing from you. You input is extremely important.

Thank you,


Your lawyers made a big mistake. If you change the job requirements you would need a new perm case. You could only get more H-1B time, if you have not been here 6 years on H or once your Perm was pending for more than a year (assuming you remain in status). Then you could get one year increments on H. Your wife would need a sponsor and qualify for H subject to the cap to get work permission.



Immigration Issues

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Robert Hollander<B> Esq.</B>



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