Career related question :confused:

[nervewreck]

Career related question - help!

All:
Need your valuable input on an employment related question.

My Current Situation:
With Company A for 6 + years. LC Approved- NJ RIR EB3. i140 filed in July, awaiting approval. Applied for 7th year extension, received extension for 3 years. Recently got the Visa stamping done in Canada as well.

Now, I recently got a very good oppurtunity from Company B. They are willing to do H1 Transfer and file for GC. They are looking to do Labor Substitution and file for 140, if it works out.

The postion I am offered in Company B, the job function is in different field and for a much senior position, compared to my original position with Company A.

Please advise, what the repercussions would be, if I go with Company B. I dont want to loose all these years with my current PD.

What is the best approach I can take?
Can I change my field of work and still not loose any thing?

Your insights are appreciated.
Thanks in advance.

 

[puvathoor]

nervewreck,
I was / am in a similar situation.. I called my lawyer about this.. Here is my understanding of the options..

If you chose to change companies, then unless your I-140 is approved, you will lose your labor certification.. UNLESS, your company A agrees to continue with the processing.. Even if company A agrees to continue processing, when you file for your 485 (when visa becomes current), then company A will have to declare where you are / what you are upto.. In it when the Company A declares that you are in a different company in a bigger job, the USCIS will have to reject the application as they can see you have no intention of coming back to this role.

Other option is to change after your I-140 is approved (After this, this is yours for ever), then file for new labor at company B and after that is approved, see whether you can still keep the old priority date.

Final option is to stick it in Company A till you file your 485..

Choices.. choices.. choices. ..

Good luck sir..

Tom