EB-2 Filing after H1B extension

[weisusu]

Hi All,
My H1-b visa expires 08/2007 (6th year). My labor certification (PERM EB-3) was approved 3 weeks ago, and my lawyer is going to submit the I-140 soon. Assuming the I-140 is approved before 08/2007, my lawyer will extend my H1-B for another 3 years. If the H1-B is extended another 3 years, am I allowed to switch to a different job which hopefully the new company can file PERM EB-2 so that I dont have to wait for years to file I-485 under my existing company (eb-3)? Please advise.

 

[chravi]

You may get an H1B extension based on your current approved labor and pending I-140. But the H1B extension filing must be done by your new employer, not your current one, if you want to change job. Even if you get an extension through the current employer, as soon as you change job, that H1B is no longer valid. You need to file another petition with the new employer.

A friend of mine got H1B extension based on a pending labor petition that his previous employer filed a few years ago. Since the GC processing is for future employment, you may or may not work for your GC sponsoring employer while it is being processed.

Why do you think you would be eligible to apply for I-485 sooner with the new EB2 Labor petition? It's true that traditionally more people were there in EB3 category compared to EB2. But, after seeing lot of EB3 people getting stuck in retrogression, now-a-days everybody is going for EB2. In an year or two, I think EB2 is going to be as bad as EB3 as far as getting your PD current.

I would advise keeping the GC process going with your current employer, if they are willing to do that even if you don't work for them anymore. You may possibly go for another GC petition by your new employer, if you choose to.