Hi, my hu*****and and me both work under H1-B for several years in Bay area. My hu*****and got his LC and I-140 approved under EB-3 category last year, and now we're waiting for filing I-485. His PD is Aug 2005. However, due to a backlog for EB-3, we probably can't file I-485 until 2-3 years later. My H1-B is going to expire on late 2008. So I asked my employer to file EB-2 since I have a master degree. However, my employer said my current position doesn't require a master degree, and my current salary can't match the prevailing salary for EB-2, so they're only willing to do EB-3, the purpose to do so is solely to extend my H1-B. They don't care about my status at all. Sigh!
Nevertheless, I still want to try to convince my employer to file EB-2 for me. I know our CEO quite appreciates my work performance. I want to talk to him directly to get his approval. I know it could be risky(because our HR might be unhappy if I skipped her). Before I talk to him, I hope all XDJM here can help me answer the questions that our boss may raise:
1.When will the company need to pay the PERM required salary? I heard it is not due until I received the GC?
2. What is a prevailing salary for project manager level I in IT industry?
2. In a worst case, my company can't pay me the required salary, can I pay myself to match the required salary? When to start and finish?
3. When my company file my H1-B, the letter to UCSIC stated that this position required a MS or MBA degree, is this a good proof to force them file EB-2 for me? Or is there some convincing way that I can file EB-2?
I'm desperate. Another EB-3 will drive me mad. I have been waiting for GC for 5 years, but we don't want to wait for another 5 years. Please help. Thanks a million.
