At X cross roads of GC, Gurus - Please Guide!

G

god_only_knows

Registered Users (C)
I am in a tricky situation with a fortune 50 company.

My current situation:
1) I have been with comany A in New York since 1999, which is a wholly owned subsidiary of a huge group.

2) My EB3/RIR labor was applied in Sep 2002 (by company A), and approved in Aug 2006 from PBEC.

3)My I-140 is filed on Sep 8th (by company A), and now upgraded to premium processing to get it approved before March 2007, by when my current 8th year H1B expires.

Developments:
1) There was a merger at the group level that might result in relocating our current offices from Manhattan.

2)Attorney advises that relocation might prove fatal to my current GC process :confused: .

3)Company B under the SAME GROUP offers me employment (better benefits),but company B also might relocate to new location other than Manhattan.

4) Attorney confirms that I can change the job with company B under the same group with succesor-in-interest filing without affecting my GC process.

5)Company A and B are currently under the same roof and have no problems with anything I want to do in order to expedite my GC process.

Now my questions:
1) How can I expedite my GC process by accepting the job with company B under the same group?

2) Can I ask company B to apply for EB2 under PERM and port the EB3 PD of Sep 2002 to take advantage of the EB2 visa situation? Is it possible?

Please post your suggestions, as I wanted to suggest my attorney which way I wanted to go. Why I want to suggest my attorney as opposed to he doing it? Because he is a corporate attorney and doesn't communicate or suggest anything to me directly except to our corporate counsel who is a big ZERO in immigration matters.

Thanks a bunch for anyone who is kind enough to post their helpful suggestions :) .
 
Questions

1. What is Employer Name on Labor?
2. Job Location on Labor

Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
-----------------------------------------
PD: Jan 2000
LC: Mar 2000
I-140 EB3: Jun 2000
I-140 EB2: Oct 2000
I-485: Jul 2000
I-485 AD: May 2002
 
1)Company A is the name of Employer on Labor.
2)Job Location must be Manhattan, NewYork..coz that is where we are when the labor is filed.

Desi..thx for ur time!
 
Not much options

Since your labor mentions only one place, if you move then you may need get it done again. I don't know how you can continue GC with compnay B since labor mentions company A.

AC-21 is another option, but that can be used only after I-140 approval and 6 months after I-485 filing date.

Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
-----------------------------------------
PD: Jan 2000
LC: Mar 2000
I-140: EB3-Jun 2000, EB2-Oct 2000
I-485: Jul 2000
I-485 AD: May 2002
 
Well, since company B is also under the same group, Attorney confirms it can be done. Can a labor be filed for different locations? I don't know about this.
 
For multiple locations - labor should state something like -- at Chicaho, IL or at unspecified locations throughout USA.

Just becuase company B is under same group does not mean much. The financial ability to pay for Company B could be much different from company A.

Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
-----------------------------------------
PD: Jan 2000
LC: Mar 2000
I-140: EB3-Jun 2000, EB2-Oct 2000
I-485: Jul 2000
I-485 AD: May 2002
 
You say "2)Job Location must be Manhattan, NewYork..coz that is where we are when the labor is filed."
That in itself is not sufficient reason why you cannot rellocate. "Rellocation possible" clause maybe mentioned in ETA 750.
If in box 15 of labor ETA 750 form, it says "rellocation possible" then you are okay.
My original employer (A) was acquired by another company (B) even before my LC was approved from PBEC (though the job location did not move more than 30 miles). My attourney filled 140 (EB2) with LC from A and successor-in-interest letter from B. It got approved.

If "rellocation possible" is not an option: Your firsr priority should be to capture your PD. File your I-140 (as you are planning to) and get it approved (by premium processing) so that you have captured you priority date. File PERM again and reapply I140for EB2 (or 3).
 
Thanks RS..

My 140 filed by company A with EB3 should be approved pretty soon. From what you said, I understand that I can file under PERM /EB2 after the 140 is approved. Question: Can I apply under PERM/EB2 thru company A or company B?(I guess I don't really have to be employed with B if they apply under PERM...right?) Once the PERM comes thru, use the PD Sep 2002 to file 485, hoping it would become current. You think I shoud go ahead and suggest this to the attorney?

Many Thanks!
 
Friend,

You can start your PERM now with following points:
1) if you have MS or higher degree or BS+5 yrs exp, work the PERM with that requirement (for EB2).
2) File with the company with which you are going to work.
3) Try to add "rellocation possible" clause, so that if you have to move again, your I1-40 will be okay.

PS: My opinions in the matter of immigration are worthless.
 
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