Background: I joined my employer in 2004. I was originally on TN1 visa (Canadian), but switched to H1B visa in 2008 to start the Green Card process. My I-140 has been approved and I am currently waiting for my priority date (Feb 2009) to get current.

Question: My employer claims that I cannot get promoted to 'Manager' position, which requires 5 years of experience, because before I join my employer in 2004 I only had 2 years of experience and my 7 years of experience with my employer does not count (since they are my sponsor). Based on the facts above, is there any legal requirement that prevents me from getting promoted to 'Manager'. If so, when can I get promoted (when I get the Green Card)? and is there anything that I can do to help my situation and get promoted earlier?

Thanks.