EB3/CP Papers in Chennai, can I apply for a new GC under PERM/EB2 diff Employer

D

DalRanger

Registered Users (C)
Hello Experts,
I have gone for CP on EB3 with Priority Date as of Dec 2003. My papers are currently in Chennai Consulate since 2 months. Looking at the trend in the movement of the PD, I think my PD would become current in another 1yr to 2yrs.

I have found another employer who is willing to apply for my GC under EB2 & PERM.

First off can I change employers and apply for another GC under EB2. If so, can I still keep the current case valid and attend for the interview when my date becomes current if by that time the new GC does not get approved.

Also Is it suggestible to do.

Your suggestions would help me make a proper decision.

Thanks in advance.
Regards
-DR.
 
No. You can't keep the current CP going. What you can do is switch from CP to I-485, wait for 6 months and then change jobs and have both going simultaneously. The new firm can start PERM today. they don't have to employ you now to start the process.
 
What is your occupation? Many occupations that would have qualified for EB2 under the old system (like software engineer) by default go to EB3 under PERM. It is an open question how strict DOL will be about business necessity to bump up such an occupation to EB2.
 
Thanks emailraja for your suggestions, but can you explain it to me in detail how it can be done.

Here's my situation in detail:
I-140 Approved on 08/29/04
CP to Chennai - 03/12/05

Now the new employer is willing to process my GC in EB2 category under PERM process. For this I have to move the new employer. My current employer is ok with this and is not going to withdraw my GC application (which is currently in Chennai Consulate). Now can I move the new employer and still keep the current case valid and utilize which ever GC comes first.

Any suggestions in this regard will be more helpful for me.
 
talkative said:
What is your occupation? Many occupations that would have qualified for EB2 under the old system (like software engineer) by default go to EB3 under PERM. It is an open question how strict DOL will be about business necessity to bump up such an occupation to EB2.
Click to expand...
My Occupation is Technical Consultant with a Masters Degree in US. I am into a specialized business domain with 7 yrs of experience.

Thanks,
-DR
 
Anyway, don't assume you can qualify for EB2 just because you have a Masters degree. Make sure that there is some precedent for folks with jobs similar to yours have succeded in obtaining EB2 qualification using PERM.

~T
 
DalRanger said:
Thanks emailraja for your suggestions, but can you explain it to me in detail how it can be done.

Here's my situation in detail:
I-140 Approved on 08/29/04
CP to Chennai - 03/12/05

Now the new employer is willing to process my GC in EB2 category under PERM process. For this I have to move the new employer. My current employer is ok with this and is not going to withdraw my GC application (which is currently in Chennai Consulate). Now can I move the new employer and still keep the current case valid and utilize which ever GC comes first.

Any suggestions in this regard will be more helpful for me.
Click to expand...
The idea of GC is that you're going to work for current employer "permanently". If you don't work for them, the Govt calls it fraud and can deny your GC or revoke it if granted. I don't know why they have this condition, it may possibly be related to the fact that there was a long tradition of slave-owning in this country and people were supposed to "work their way" to freedom. thing haven't changed much.

Some companies abused this feature and started treating immigrants like slaves, so some modern congressmen passed a law called AC21 that allows you to switch jobs if you can find the same job with another employer and if the Govt is taking too long to process your case (180 days). This is available only in I-485, not in CP because CP is fast.
Even if your current employer is fine with it, it can be considered fraud.

So you have to switch from CP to adjustment of status by simply filing an I-485. This will cancel your CP immediately. Then wait for 180 days nd then switch jobs using AC21. This will keep your current I-485 going while you work for new employer.
 
Last edited by a moderator:
emailraja said:
The idea of GC is that you're going to work for current employer "permanently". If you don't work for them, the Govt calls it fraud and can deny your GC or revoke it if granted. I don't know why they have this condition, it may possibly be related to the fact that there was a long tradition of slave-owning in this country and people were supposed to "work their way" to freedom. thing haven't changed much.

Some companies abused this feature and started treating immigrants like slaves, so some modern congressmen passed a law called AC21 that allows you to switch jobs if you can find the same job with another employer and if the Govt is taking too long to process your case (180 days). This is available only in I-485, not in CP because CP is fast.
Even if your current employer is fine with it, it can be considered fraud.

So you have to switch from CP to adjustment of status by simply filing an I-485. This will cancel your CP immediately. Then wait for 180 days nd then switch jobs using AC21. This will keep your current I-485 going while you work for new employer.
Click to expand...
Thanks emailraja, I totally agree with you and the whole process is indeed so complicated.

Correct me if I am wrong, but if I were to convert my case to I-485 can I do that now, my understanding is that you cannot apply for I-485 untill your PD becomes current, and in my case the PD is Dec2003. So I guess I have to wait untill my PD becomes current. OR is there a provision where you can convert a CP case to a I-485 case even the PD is not current.

Thank you,
Regards,
-DR
 
Yes, you're right. The PD has to be current to apply for I-485. It's a catch-22. Do you have a previous I-140 or was that your first one?
 
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