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Question

I'm currently on H-1B, working as data scientist and my I-94 max-out date is May 2026. My employer attempted to file PERM under EB2, but the recruitment failed as qualified U.S. applicants were found. I’d like to understand my options to maintain H-1B status and continue my green card process. Specifically: 1) Can the failed recruitment be reopened or re-advertised? 2)Can we still use the existing job classification in any way for a new filing? 3) Are there workarounds to continue the process before my H-1B max-out? 4) Should I consider self-petition options like NIW? 5) Is it possible to refile under EB3 using same job classification or modify the job role? 6) Can we request to interview the applicants to assess whether they are truly qualified? I’d prefer not to change the job role, since a new classification would take time and I’m working with limited time. Thank you !

User's Location: Detroit, Alabama, United States of America

Category: Employment-based Green Card