Eb2 denied ,can I apply for EAD?

[x_h1bworker]

I am currently on an 7th year extension(based on pending eb2 perm labour) with my current company which expires Sept of this year.In December of 2008 my eb2 perm labor certification was rejected on certain grounds.So my company lawyer suggested to go for an appeal and apply for an 8th extension based on that appeal and parallelaly start another fresh eb3 labor certification application,for which the adds are in the papers by now.The 8th year extension is not yet filed.

I am very much concerned about this appeal on the eb2 rejection and what result it would bring.Also is going for an eb3 instead going to solve my problem?.I also wanted to know that since I have been in the US for more than 7 years on an h1b,is there any way so I can apply for an "EAD" on the economic hardship grounds.I also wanted to know if I transfer at this point to another company,how soon they should be willing to start by GC process .I have some more questions and I will put them forward as I know more.I hope this information gives us some starting point and if not then please do not hesitate to ask me further on.

 

[MagnaHoy]

Assuming you're an Indian, if you start now, for EB3 then absent any immigration reform it may take you well over a decade or two to see any movement. Is that really what you want? In the spirit of making a suggestion, I will say this: if immigrating is important to you, maybe you can try Canadian immigration? Heck, you might be able to become a Canadian citizen before your I-485 can even be filed stateside.