Changing Jobs after long GC wait

L

LaborSeekar

Registered Users (C)
Guys,
Here is my story. I need advise from you.
My PD is March 2003, EB3, India. I-140 approved long time back. Because of retrogression can't file I-485. I'm working for company A for about 2 yrs as a vendor thru company B(H1B company). Now company A is pushing me to become full time before March or it might be hard for them to continue as vendor. I shouldn't blame my Manager, because I know how hard he is pushing for contract extensions. My H1B Company doesn't provide me my Labor, I140 approvals. So, If I want to change job, I have to start the GC all over again. My H1B Company is ok ok type...not really bad. They also big, have employees around 60 or so. And also I'm into my 7th year H1B now. Got it stamped (valid till 08/09) couple of months ago.
Now my dilemma is about whether to change job or not? If I change job, I will loose my almost 4 yrs of GC time and labor, I-140 approvals?
Say If I join company A, what if they lay off after couple of years (u know how these corporate companies work, mercilessly cancel the GC process)?
OR should I continue as contractor as long as possible in this company and then look for other job after that?
OR is there a better way out of it?

I appreciate your responses.
Thanks.
 
LaborSeekar said:
Guys,
Here is my story. I need advise from you.
My PD is March 2003, EB3, India. I-140 approved long time back. Because of retrogression can't file I-485. I'm working for company A for about 2 yrs as a vendor thru company B(H1B company). Now company A is pushing me to become full time before March or it might be hard for them to continue as vendor. I shouldn't blame my Manager, because I know how hard he is pushing for contract extensions. My H1B Company doesn't provide me my Labor, I140 approvals. So, If I want to change job, I have to start the GC all over again. My H1B Company is ok ok type...not really bad. They also big, have employees around 60 or so. And also I'm into my 7th year H1B now. Got it stamped (valid till 08/09) couple of months ago.
Now my dilemma is about whether to change job or not? If I change job, I will loose my almost 4 yrs of GC time and labor, I-140 approvals?
Say If I join company A, what if they lay off after couple of years (u know how these corporate companies work, mercilessly cancel the GC process)?
OR should I continue as contractor as long as possible in this company and then look for other job after that?
OR is there a better way out of it?

I appreciate your responses.
Thanks.
Click to expand...

LaborSeekar,

If I were you I would do following trick,
Tell your company A that you have lost your passport with visa stamp and you need emergency in India. But to return back, you need to restore your passport and visa stamp and US consulate requires copy of approved I-140 and LC to provide you with stamp, you need to have it in hands.

100% it will work and you will save your 4 years.
 
Do not lie, it is not in your best interest. What if you current employer revokes your I-140? You will loose your PD. If you can negotiate with your employer about not to revoke your I-140 and re-use that labor for somebody else then it will be ok.

It will be a waste to loose a PD.

However if you employer agrees to hold your I-140 for 1 more year, in that time your new employer can file EB-2 PERM, use the old experience in it. Get new I-140 approved with old I-140 approval copy, then you will get old PD with EB-2 category. You can easily file I-485. Then your old employer needs to wait for atleast 6 months before revoking your old I-140. At this point you can retain your old PD and have EAD etc.
 
Thanks Guys

Thanks for the ideas.
So, the best possible safe scenario is to convince my H1B company to allow me to accept the new job and they have to try not to revoke the I140 until I'm safe with the new company.
Yesterday as a first step, I checked with my H1B company if they can start a EB2 perm for me (just to see how considerate they will be). The answer was No.
Well, I guess I have to take it with my H1B company. I'm ready to negotiate a deal (paying some cash) if they are willing to agree for the above terms.
I will check with them next month. Thanks Guys.
Meanwhile, how bad it will be if my company revokes the I140, after I join my client company. Considering now I'm in my 7th H1B Year, will everything will be smooth for me? Like H1B extensions, travelling out of country. If I start a fresh Eb2 PD with me new company, do u think the whole process will be smooth till I get GC?
Thanks in Advance.
 
if i were you ..i would ask the client to give you a pre approved labor . if they cannot (most likely)..tell them you cannot join them because they dont have it and that you cannot risk your gc process. If they really need your services..i bet they will allow you to work as a contractor..if you are dispensable..then better to look for new job and continue working with your current company...


as such the entire GC process is a big headache !!
 
You have waited for almost 4 years. Wait and see for another 1 year or so. Get the green card thru your H1B company first and then change your job. Once you have the GC, you will be able to find a lot of better jobs.


If your client is ready to start the GC thru PERM and you can get the PD of March 2003, then you should take the job with your client. Talk to a lawyer.

My 2 cents.
 
Your best bet is that Company A should apply pressure on company B. They have the leverage to get copy of your LC and I-140. Why? If company B doesn't maintain good relationship with "A". "A" will not hire many vendors from "B". "A" should also apply pressure on "B" not to cancel your I-140. If you have very good relationship with "A" and they're willing to help, you have a fair shot at pulling it off.

If this doesn't fly... stick with "B". IMO, no point in starting yet another long wait.

I've been through a situation which was very similar. This is my take: If you state your terms very clearly and stick with them... and they like/need you work... "A" and "B" will find a way. Just be very clear to yourself and them what you want... keep doing great work (maybe notch it up a little). Be very polite and firm with all... and you'll get exactly what you want. They may even play a game of brinkmanship, but they'll bow in the end. I'm telling from experience.

Job market is good enough these days that any good professional doesn't need to put up with any crap... even though they'll give it their best shot. It'll be a test of your guts.

And... let us know what you decided and how it went.
 
Scylla and Charybdes ..

If A needs you badly, then A CAN extend their contract.
If A forces B to reveal their hands, B can be coerced too.

What if A gets cold feet? What if A shelves the project?
What if B does not comply with A's request?

Such is life .. no clear answers, no absolute truths. Do what your gut tells you, if you trust your instincts.

In my case, I quit and stood in the new Q again. In that process, I lost 3 years. In retrospect, it was the right thing to do. But I did not know it back then.

Good luck with decision making!
 
Client isn't going to file GC for you if you join them, and they are likely to drop you eventually because the higher management doesn't like keeping contractors for years. Even if they do file GC you'll have to restart the process.

Stay with your current H1B company but ask them to look for a new client so you can continue with your existing priority date.
 
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LaborSeeker,

Apart from LCs and PDs, there may be lot of factors like job satisfaction, job prospects, whether faster greencard or stable job is important for you.

The following are some of pros and cons of accepting company A's offer.

Pros:

1. Your 2003 eb3 is very far to even think of 485. when outsourcing is very pervasive, it may be difficult to survive as a longterm contractor at any client. For many people GC gets a stable fulltime job and they are happy with that, if that suits you then you can consider company A offer not thinking about a layoff. Any day, a contractor is more prone to a layoff than a fulltime employee.

2. If company A is willing to do a EB2 with all the experience you have, may be a 2006 EB2 might even be better than a 2003 EB3. May be you can try porting your PD.

3. If company A has taken many people like you in their sixth or seventh year H1, most likely they are not thinking you as a layoff.

4. Unless there is a law change 2003 india eb3 would take few more years and you might face the same kind of situation at a different client after an year.

Cons:

1. Once you join fulltime at company A, it will be difficult for you to look for a contract job again.

Finally, I would make my decision based on my family situation and other things. If I was in your situation, I would discuss with other guys who joined company A recently. With dates moving by weeks, unfortunately India eb3 does not have any options and in my opinion surviving as a consultant until your 2003 PD is hit would not be easy.
 
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one naive question.

to join the second company, is it not mandatory that the second company first apply for a H1B transfer? If so, what will be the date up to which the new H1B petition will be for?

Is the H1B extension not tied to the GC being pending?

If so, can one legally change job at all when (s)he is in 7th year extension and not having EAD?
 
Thanks to all and One more Q.

Hello Guys,
Thanks to all (UN, Ocean...etc) of you for your valuable suggestions. Here is the update. I just got extension for another x (3-6) months. And the client says same thing.
The big Q is What If I decided to Join client...being in my 7th year H1B...can I change job without any problem? I haven't yet talk to my H1B company about this. But I have pretty bad feeling that they are not going to do any help.
The client said, he will start my GC immediately. I have to confirm whether they can do EB2 this time or not?
If the client is ready to start GC process in EB2 category..what should i do?
Do you think its worth going for a fresh GC...leaving behind all the EB3 labr 140?
But before that I will definitely try to talk to my H1B company...and to get Labor, I140 approvals and also see if they can hold on to my Labo until I'm safe with the new company. (I think it may involve some money though, but I'm ok with that)
If it is based on my family situation, I have a kid who is ready t go to school and I want to have a very stabilize life too...I'm tired moving around as contractor. I want to take up this Opp....I'm trying to explore, how much I have to loose and what? And with the current progress of EB3 it looks like it will be nearly 3 years to get to April 03 and then have to wait for 6m after filing I485 to use AC-21...I'm looking at another 4 yrs wait approx...which makes me frustrated...And also my wife has H1...I have something to fall back in worse case..
Thanks in Advance.
 
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This is my Q too

anvarsha said:
one naive question.

to join the second company, is it not mandatory that the second company first apply for a H1B transfer? If so, what will be the date up to which the new H1B petition will be for?

Is the H1B extension not tied to the GC being pending?

If so, can one legally change job at all when (s)he is in 7th year extension and not having EAD?
Click to expand...

First being in the 7th year...Is it possible for me to change Job..UN said its possible....My client company manager said, he will check with Immigration people on this...So, let me first hear it.
 
Short answer?

LaborSeekar said:
Hello Guys,
Thanks to all (UN, Ocean...etc) of you for your valuable suggestions. Here is the update. I just got extension for another x (3-6) months. And the client says same thing.
The big Q is What If I decided to Join client...being in my 7th year H1B...can I change job without any problem? I haven't yet talk to my H1B company about this. But I have pretty bad feeling that they are not going to do any help.
The client said, he will start my GC immediately. I have to confirm whether they can do EB2 this time or not?
If the client is ready to start GC process in EB2 category..what should i do?
Do you think its worth going for a fresh GC...leaving behind all the EB3 labr 140?
But before that I will definitely try to talk to my H1B company...and to get Labor, I140 approvals and also see if they can hold on to my Labo until I'm safe with the new company. (I think it may involve some money though, but I'm ok with that)
If it is based on my family situation, I have a kid who is ready t go to school and I want to have a very stabilize life too...I'm tired moving around as contractor. I want to take up this Opp....I'm trying to explore, how much I have to loose and what? And with the current progress of EB3 it looks like it will be nearly 3 years to get to April 03 and then have to wait for 6m after filing I485 to use AC-21...I'm looking at another 4 yrs wait approx...which makes me frustrated...And also my wife has H1...I have something to fall back in worse case..
Thanks in Advance.
Click to expand...


When you come across a fork in the road, take it.

There are no guarantees anywhere and expecting folks on this forum to decide for you is a leap of faith. Go with your instincts. Good luck.
 
LaborSeekar said:
Hello Guys,
Thanks to all (UN, Ocean...etc) of you for your valuable suggestions. Here is the update. I just got extension for another x (3-6) months. And the client says same thing.
The big Q is What If I decided to Join client...being in my 7th year H1B...can I change job without any problem? I haven't yet talk to my H1B company about this. But I have pretty bad feeling that they are not going to do any help.
The client said, he will start my GC immediately. I have to confirm whether they can do EB2 this time or not?
If the client is ready to start GC process in EB2 category..what should i do?
Do you think its worth going for a fresh GC...leaving behind all the EB3 labr 140?
But before that I will definitely try to talk to my H1B company...and to get Labor, I140 approvals and also see if they can hold on to my Labo until I'm safe with the new company. (I think it may involve some money though, but I'm ok with that)
If it is based on my family situation, I have a kid who is ready t go to school and I want to have a very stabilize life too...I'm tired moving around as contractor. I want to take up this Opp....I'm trying to explore, how much I have to loose and what? And with the current progress of EB3 it looks like it will be nearly 3 years to get to April 03 and then have to wait for 6m after filing I485 to use AC-21...I'm looking at another 4 yrs wait approx...which makes me frustrated...And also my wife has H1...I have something to fall back in worse case..
Thanks in Advance.
Click to expand...

You can change jobs in 7th year through H1 transfer no problems, many people are doing it (as UN has already pointed it out). New H1 will be valid until the end of the current H1.

Old employer's consent is not required for changing the job. Better don't talk to him about anything until your H1 transfer is done.

Ask the client whether they do EB2 or EB3. If it is EB3, ask them to try for a PD transfer process. Check UN's threads to find how you can transfer old I140 PD to a new one. At the minimum, I think you need to have your old I140 approval copy to transfer PD.

If client does EB2 it may be fine with new PD even without a old PD transfer(not sure about your opinion). Last thing anyone would want to have is a new EB3 started by the client but again if that is the only option then you have to consider your family situation and other things and then make a decision.

As far as possible, try to have a deal to have old PD retained or a new EB2 started.

Goodluck!.
 
June 2002 EB3 or to file PERM EB2-2007?

Which will be faster ?
Anybody can guess?
Thanks.
 
Still counting...

I was wondering the same thing. My lawyer not yet replied on my case...so still counting...
 
Lawyer says its not possible.

I have a concall tomorrow with the immigration lawyer to talk about my case. But looks like I can't transfer H1B now since I'm on my 7th year H1B and not yet filed I-485. I was under the impression that I can change H1B, start a EB2 labor, I-140 and port old PD (Feb 03). But the first impression I got after talking to lawyer is its not possible. I'm gonna attend a concall tomorrow. May have more details after that. But I'm worried, its going to be the same thing.
 
If you are an Indian, my advice to you is simple : Take the GC out of your thought process for a few moments(I know its hard to forget it) arrive at a decision and go with it.
'Expert' opinions and predictions and hope not withstanding, all Indians atleast need to accept the simple reality that it could take 1 year or 10 years for this EB mess to be cleaned! So unless you are willing to 'hold' all your life's decisions for the next 10 years, stop worrying about your 'GC situation'. Period!
 
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