EB2-India in 3-4 months...

A

atyagi73

Registered Users (C)
Dear all,

I am in a unique situation. I got my PD current but do not plan to file I-485 as I am planning to join my client. It is such a good opportunity that I am not able to say "NO". I might not get this kind of break even with GC.

AC21 is not an option as job description is very different. My new employer is planning to start my LC within two weeks or so (as future employee) and I plan to join new job after July 16th(when labor sub is banned).

My questions is there any guesstimate what would be the situation for EB2-India in 3-4 months. I am hoping that I will be able to carry my PD of Dec-2001 and change category to EB2.

ANy insight will make me feel better.

Thanks and have a nice weekend
 
are you serious?

Your PD is 6 years old man! You are almost there. Why do you want to take the risk of restarting everything at this point?? Great opportunities will come again. I would say hang in there for a little while longer and wrap up this GC thing now thats its hopefully close to a conclusion. Since this is your client, the opportunity might be open even 6 months down the line.

ok, having said that... There is a possibility that you can get caught up in name-checks and a 100 other things which might further drag this GC process. Dont know if you want to keep your career on hold... So if you really have made up your mind to move on:

My guess is that even if it retrogresses further, EB2 India should not go back to earlier than december 2001. Again thats a guess. Even $DIETY does not know the ways of the USCIS. So assuming you are able to carry forward your priority date, you should be ok. Make sure your current employer wont revoke your I-140 (since substitution is still allowed, your LC is potentially extremely valuable), and priority date carry-over on a revoked I-140 is a grey area (search the forum: the law says its not allowed, a memo from USCIS says its not allowed only if revoked due to fraud; so there is a bit of a element of risk there).
 
Thanks

gc_chahiye123 said:
Your PD is 6 years old man! You are almost there. Why do you want to take the risk of restarting everything at this point?? Great opportunities will come again. I would say hang in there for a little while longer and wrap up this GC thing now thats its hopefully close to a conclusion. Since this is your client, the opportunity might be open even 6 months down the line.

ok, having said that... There is a possibility that you can get caught up in name-checks and a 100 other things which might further drag this GC process. Dont know if you want to keep your career on hold... So if you really have made up your mind to move on:

My guess is that even if it retrogresses further, EB2 India should not go back to earlier than december 2001. Again thats a guess. Even $DIETY does not know the ways of the USCIS. So assuming you are able to carry forward your priority date, you should be ok. Make sure your current employer wont revoke your I-140 (since substitution is still allowed, your LC is potentially extremely valuable), and priority date carry-over on a revoked I-140 is a grey area (search the forum: the law says its not allowed, a memo from USCIS says its not allowed only if revoked due to fraud; so there is a bit of a element of risk there).
Click to expand...

Thanks !! If I my I-140 is not revoked from current employer it should be fine...right ? I am going to make sure that.
 
atyagi73 said:
Thanks !! If I my I-140 is not revoked from current employer it should be fine...right ? I am going to make sure that.
Click to expand...

yes, atleast thats what I have read everywhere. PD transfer on a revoked I-140 is a grey area, non-revoked is ok. Make sure you keep a copy of the I-140 approval notice, and ensure that your employer does not revoke it till you are ready to port with the new employer.

Its also better to get an attorney's opinion than relying on message boards.

All the best in your future job!
 
Can any of the experts on this forum , give their opinion on the following questions?

1. I have an EB3 with PD dec 2003 from my previous employer whom i quit 2years back.

2. I have an EB2 with PD Dec 2005 , along with I140 approved,with my current employer.(i have a Masters from US)

Is there anyway i could use my earlier PD with my previous employer (without joining his company?

Please let me know,

Thanks,
 
Jackolantern said:
You can't port the old PD if you don't have an I-140 from the old employer.
Click to expand...


Thanks for your response. Do i have to join the old employer inorder to file I140? There are many complications involved in it. My current employer would'nt let me leave this client for varied reasons. I don'nt mind paying for the I140 expenses if there is a way.

Please let me know,
Thanks
 
The only way it is possible is to have 140 approved through old employer for the EB3 Dec 2003 labor. You should be able to do this if you are on good terms with old employer. Keep in mind GC is for future job, so filing 140 through old employer without joining them back right-away is possible.

Once 140 is approved through old employer then you can use that PD to file EB2 based 485 through the current employer.


eb2nersu said:
Can any of the experts on this forum , give their opinion on the following questions?

1. I have an EB3 with PD dec 2003 from my previous employer whom i quit 2years back.

2. I have an EB2 with PD Dec 2005 , along with I140 approved,with my current employer.(i have a Masters from US)

Is there anyway i could use my earlier PD with my previous employer (without joining his company?

Please let me know,

Thanks,
Click to expand...
 
another_fella said:
The only way it is possible is to have 140 approved through old employer for the EB3 Dec 2003 labor. You should be able to do this if you are on good terms with old employer. Keep in mind GC is for future job, so filing 140 through old employer without joining them back right-away is possible.

Once 140 is approved through old employer then you can use that PD to file EB2 based 485 through the current employer.
Click to expand...

Thanks for your response another_fella.
I quit the company after informing them only.Infact he told me that he had applied my case as EB2 which turned out that it was actually on EB3 category.I spoke to them about my application and informed that the labor has been approved and that i should again join their company.

There were bad in their payments and the billing rate too which was one of the reasons i quit the company,
Iam in a catch-22 situation now
 
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