Advice or ideas pls

macjoubert

Registered Users (C)
I have a job offer for the past month or so, I'm quite excited about it but unfortunately my immigrant situation isn't that rosy.
I have an approved LC, 140 and a pending 485, but my wife hasn't applied for 485 because the dates aren't current.
My current employer now is offering to convert EB3 to EB2 so that I can take advantage of the EB2 date.This will take another 6 months, im not very happy in my current project and the new job is a breath of fresh air and was all set but now this promise.
Its like a big gamble, I don't trust my current employer but EB3 to EB2 is saving almost 2 years of wait time and its too good a deal.
Just confused! to add to my already confusing and frustrating GC experience,
any of you gurus think its worth the risk to get on with my life at this new company? or maybe suck it up to my current one with the one benefit of EB3 to EB2 conversion?
 
Yes I did, but the HR was confused said anything if at all is possible only upon joining. There is a legal department and it may be possible if you file with your own lawyer and paying for it yourself.
Anyways they aren't too knowledgeable about this , but its a great opportunity I don't want to let it go, at the same time converting EB3 to EB2 makes life that much easier as well but I have to deal with my Desi employer who is a control freak to the core.

BTW eb3_485 my case is similar to yours as well, even my wife's 485 hasn't been applied because of the retrogression.
 
So I presume you still have a valid H1 or L1, since your wife hasn't filed 485 yet? And you would need to join the next company with an H1 so your wife can be on H4?
 
Yes absolutely right, I should have mentioned it before I have H1 and plan to use it for the next job,I used approved 140 to get 3yr extensions.
I also have EAD and AP but as I mentioned before I cant use that because my spouse can't apply for 485 yet.
 
Country of birth - Rhodesia - doesn't exist anymore, country of citizenship - India and PD - 2/2003.
that means you are going to be counted as india for country of birth....or you are ROW??

if i remember right 2/03 for EB2-india is current, and if EB3 can be converted to EB2 retaining the PD....then its gold........since i blv no one knows how long it may take for EB3-india-2/03 to become current(3years to 6 years)......

if i was you i would not have stuck with current employer (if i dont like the current job or employer) just for the sake of EB3-02/2003 PD
 
Right now 2/03 for EB2 India is not current. It's stuck on Jan8,03 and won't move atleast for a few months.
And the EB3-2 conversion process itself could take anywhere from 6-18 months.
I wouldn't miss a good opportunity just to hang to the hope of locking a current priority date!
 
IMO:
First make sure that you have proof of LC filing and 140 approval, Desi employers usually do not give that to employees. Then change your employer, let the new company HR and Legal do the H1 transfer. Then hire your own lawyer to file EB2 LC from new company. Make sure that lawyer knows how to port the PDs.
 
Thanks - One of the first things I did after getting my new job was to get the LCA and I-140 approval documents.It took some ferocious fights, some humiliating arguments, a bit of begging and pleading, but ultimately I got them.

The 140 and LCA are critical documents for anyone that wishes to change employers, just an FYI to those who wish to change.Do whatever but get this documentation under any cost before you leave.

I tried on all fronts including FOIA,but luckily got it directly from the employer.Many companies require you to prove you have 3+ years on H1 before you join or even interview with them, so if you are at the end of your H1 then they might not even hire you unless you have the 140 approvals (or at the worst LCA which gets you 1 year increments).

You guys are right, one mustn't be tied down to a greedy, selfish employer just for the PD.Most Desi employers are wolves in sheep's clothing, they tend to transform into their true selves once they get wind of your plans , they then try to derail them by making such promises.

@Eric - How much information or cooperation from the company does one need if they wish to use their own lawyer assuming the new company is public ?
 
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