Question from a member, Mathew asked to add this to our today's call.
Hello Rajiv Sirji,Came to the US in Nov 2002 . Labor cert filed for EB-2 for job A in April 2004 which got approved in 2006 but I changed jobs to B with in the same college. Labor applied for second job same company which got approved in 2007 and I-140 also was approved in 2009 and since the date was not current I never applied for I-485. Switched to Job C ( residency ) in Ohio got 3 yr H1B extension which is valid till Dec 27th 2012. but my residency doesn't finish till Jan 4th 2013 officially I just interviewed for a few future jobs as a Hospitalist/ primary care /internist and the lawyer of the prospective employer told me the following: 1. Since my EB-2 priority date Sept 2007 is current I am not eligible for H1B extensions, is that true??2. She also said that I will not be able to even finish my residency since I will not get extension for 7 days.
3. SHe also said that PERM for a new job cannot be submitted till I graduate from the residency program. Even though Ohio state allows me to get a permanent licence to practise after 2 yrs of residency which I already have now. Is that true?? Second scenario: My wifes has her own greencard petition applied nd approved I-140.Labor was was for EB-2/ JOb said advanced degree required but the I -140 was approved in EB-3 category. The current lawyer appealed I think very late and never got a response from USCISWhat are our options ( her PD is current now if it was EB-2 Jan 2010) The lawyer realised the mistake done by the firm and is suggesting that now we shoudl file petetion to amend I-140 and also file I-485 with it assuming it will be approved. Sir please help me out. I am having sleepless nights about this now.