A mess cannot be anymore messier than this

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mzaman_72

New Member
Hello, I need a 3rd opinion and I literally mean it.

My first H1b start date was March 15, 2002. So, my understanding is that, my six year expires in March 16, 2008. I had been working for company A from Aug 2004 on H1. It is a large company with 80k employees. Right around March, 2005, the corporate-hired legal firm lawyers strongly recommended that, although I have an American MS, I consider applying through the "regular" process under the EB3 category, since the PERM process will be implemented in near future and there is a lot of uncertainty regarding its potential effectiveness. I had been foolish enough to have agreed and they applied.

While my "regular" case remained hanging at an unknown BRC for a long time since then, the portion of company A where I worked, got purchased by Company B. The Permanent residency related decision at the time of sale was such that, if a person has been applied for by Company A, then company B will do nothing further and company A will continue pursuing the case. In spite of this decision, I pursued company B to apply for me through PERM process on my expense.

Company B and Legal firm of company B agreed around November of last year and 9089 got certified just two weeks back. Company B's legal firm is planning to file I-140 and I-485 simultaneously within two weeks. Since I am not from China and India, I have been told that priority date is current for me.

At this point, I started negotiating with both legal firms so that, company A's legal firm will withhold from futrher progressing and company B will start taking up all of the cost of the remaining PERM process. Company B and their legal firm agreed, in writing. I guess I am considered to be a valuable employee...:cool:

During these negotiations, I had been repeatedly told by BOTH legal firms that, it is "Important" to keep the old "regular" application continuing so I can maintain my legal status, probably because company B needed to apply for my H1 extention and the extension is based upon the fact that a regular application has been filed for me.

In spite of all these, when the negotiation about the cost ended in my favor(no more money to company A, I do not pay anymore to legal firm of company B, company B to take up the remaining cost of PERM), I did not hear a lot of objection from company A's legal firm.

Last Friday(April 06), I got a letter from Company A's legal firm saying that, they have received notification from labor department that, the regular application has been certified, and now they need to progress with "regulated advertisement" and need to discuss with my manager and me in this regard asap.

phew!.... the questions:

1. Is the legal firms' claim about the regular application and its need to progress valid for this situation?
2. Is there any legal scope for Company A to not proceed anymore?
3. Will it benefit me if I wait and do nothing until COmpany B's legal firm submits the I-140 and I-485? I understand it may not harm me if both processes keep going, but my goal obviously is also to not have to pay from my pocket.
4. How long can company A's legal firm legally put the process on hold before they must start advertising?
5. What would be your best recommendation?

Please help.
 
If your regular company A labor certification is approved that is end of the story.
While working with B, you can go ahead and apply your I 140/485 straight away through company A. If company A ask money pay get your GC quickly.

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mzaman_72 said:
Hello, I need a 3rd opinion and I literally mean it.

My first H1b start date was March 15, 2002. So, my understanding is that, my six year expires in March 16, 2008. I had been working for company A from Aug 2004 on H1. It is a large company with 80k employees. Right around March, 2005, the corporate-hired legal firm lawyers strongly recommended that, although I have an American MS, I consider applying through the "regular" process under the EB3 category, since the PERM process will be implemented in near future and there is a lot of uncertainty regarding its potential effectiveness. I had been foolish enough to have agreed and they applied.

While my "regular" case remained hanging at an unknown BRC for a long time since then, the portion of company A where I worked, got purchased by Company B. The Permanent residency related decision at the time of sale was such that, if a person has been applied for by Company A, then company B will do nothing further and company A will continue pursuing the case. In spite of this decision, I pursued company B to apply for me through PERM process on my expense.

Company B and Legal firm of company B agreed around November of last year and 9089 got certified just two weeks back. Company B's legal firm is planning to file I-140 and I-485 simultaneously within two weeks. Since I am not from China and India, I have been told that priority date is current for me.

At this point, I started negotiating with both legal firms so that, company A's legal firm will withhold from futrher progressing and company B will start taking up all of the cost of the remaining PERM process. Company B and their legal firm agreed, in writing. I guess I am considered to be a valuable employee...:cool:

During these negotiations, I had been repeatedly told by BOTH legal firms that, it is "Important" to keep the old "regular" application continuing so I can maintain my legal status, probably because company B needed to apply for my H1 extention and the extension is based upon the fact that a regular application has been filed for me.

In spite of all these, when the negotiation about the cost ended in my favor(no more money to company A, I do not pay anymore to legal firm of company B, company B to take up the remaining cost of PERM), I did not hear a lot of objection from company A's legal firm.

Last Friday(April 06), I got a letter from Company A's legal firm saying that, they have received notification from labor department that, the regular application has been certified, and now they need to progress with "regulated advertisement" and need to discuss with my manager and me in this regard asap.

phew!.... the questions:

1. Is the legal firms' claim about the regular application and its need to progress valid for this situation?
2. Is there any legal scope for Company A to not proceed anymore?
3. Will it benefit me if I wait and do nothing until COmpany B's legal firm submits the I-140 and I-485? I understand it may not harm me if both processes keep going, but my goal obviously is also to not have to pay from my pocket.
4. How long can company A's legal firm legally put the process on hold before they must start advertising?
5. What would be your best recommendation?

Please help.
Click to expand...
 
Hello Great Guru, thanks a lot for your response. I am not sure if I made it clear in my original post that, ETA9089 has already been approved which was applied for by company B. As you must know, ETA9089 approval means that, the advertisement has also been completed.

Regarding the regular application submitted by company A back in March 2005, the latest development is that, company A just received a notification from Labor department to go ahead with advertisement next, in order to complete labor certification.

So, in comparing the two, I am certainly ahead in the process with company B's legal firm.

With this in view, would you still recommend me to stick with the regular application's process pursued by company A?

I sincerely request you to please review my original post one more time.

Thanks.
 
Last edited by a moderator:
You can keep processing both simultaneously until I 140 stage. Then you can decide which one make it fast for you.

mzaman_72 said:
Hello Great Guru, thanks a lot for your response. I am not sure if I made it clear in my original post that, ETA9089 has already been approved which was applied for by company B. As you must know, ETA9089 approval means that, the advertisement has also been completed.

Regarding the regular application submitted by company A back in March 2005, the latest development is that, company A just received a notification from Labor department to go ahead with advertisement next, in order to complete labor certification.

So, in comparing the two, I am certainly ahead in the process with company B's legal firm.

With this in view, would you still recommend me to stick with the regular application's process pursued by company A?

I sincerely request you to please review my original post one more time.

Thanks.
Click to expand...
 
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