EB3 PD Jul 2004 Vs Future EB2

A

ArunRamanathan

Registered Users (C)
Gurus,

My current situvation ....PD for EB3 Jul 2004. Approved 140. Not yet applied 485. Get a desi salary finished 6.5 years in US ...Got h1b extension for next 3years. Left close 2.5 years of H1B.

What you would do stay in the current stage untill the eb3 cutoff date move from 2001 Apr .... OR

Move to new firm and start new process on EB2 (As I have 10yrs of exp + Masters) w/ a PD of 2007 (Jan) as technically it would take about 4-6 months to start the GC process and Move a new company.

Please share your thoughts ..... as I waited long and would like to consult before making a big decision


Thanks Arun
 
I am assuming that you have already used your 6 year H1B period and the extension of 3 years that you got is beyond those 6 years.

h1b extensions beyond the 6 year period are dependent on the underlying petition for extension. Now, if the underlying petition is later withdrawn by your employer, is the H1B extension still valid is questionable. That is what you should first find out.
 
avi101,

Wow ... I thought the extension is issued based on the staus (like labor pending for > 365 days or approved or 140 appoved - which is my case) AFTER that the H1B is independent ! That is sacry .... can someone verify the VALUABLE question raised by avi101 user. Thanks for reply avi101.

ArunRamanathan
 
Ask a lawyer...it might be questionable

Porting an older Pd is ok with I-140 approval notice even if the I-140 has been later revoked by the employer. The only problem comes when H-1B becomes invalid.

ArunRamanathan said:
avi101,

Wow ... I thought the extension is issued based on the staus (like labor pending for > 365 days or approved or 140 appoved - which is my case) AFTER that the H1B is independent ! That is sacry .... can someone verify the VALUABLE question raised by avi101 user. Thanks for reply avi101.

ArunRamanathan
Click to expand...
 
Arun..
the intention was not to scare you but to just make you aware of it.. i have heard two different and opposing arguments on this one. so definitely do due diligence on this one.

Also, check out the FAQs and blogs on www.immigration-law.com to see if this question has been answered.

good luck.
 
mmmm

scatcat .

Porting from EB3 PDate to a EB2 filing is it allowed.

As if I leave my current firm I am not going to have any support from them and meaning they may revoke my 1-140 or/and Labor if possible.

Pls advice, Thanks for the info.

Arun
 
Previously I asked this question of changing Employer in H1 extesnions period after 6 years ., I got different views., Please search threads posted .. it's some where there .,,
 
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