EB3 to EB2 issues

M

mkung

Registered Users (C)
Guys - I need some help and I realiaze that my questions may not be new ones, so please direct me to related threads and provide some answers please...

I am on my H1B and it will expire mid February 2007. Listed below are my options and questions that I have

1) File an LCA (under PERM) for an EB3, and wait for about 4-5 years for my green card.

The only benefit is that I think I can extend my H1B - am i correct? My understanding is that if the I-140 is filed/pending and there are retrogression issues, one will be able to obtain an extension - is this correct? Or do you have to have an approved I-140 in order to get an extension. Please advise

2) File an LCA for an EB2. This is tricky as i will be using experience gained from my present employer and according to my lawyer, this will trigger an audit. What are the chances of getting audited? Has anyone experience an audit before? And most importantly, if audited, will my case be able to pass an audit? And how long does an audit last? Please advise.

The downside to this is that if I am audited, and if the audit goes on for about 8 months, I will practically loose my ability to file for a H1 extension. Any advice guys?

3) Find a new employer quick, have them do the necessary recruiting (takes about 2 months), and then file as EB-2.

This might be a better option as I won't hit any audit triggers. But it will be tricky, because depending on the timing I may loose my ability to obtain a H1 extension.

Please advise people.
 
mkung said:
Guys - I need some help and I realiaze that my questions may not be new ones, so please direct me to related threads and provide some answers please...

I am on my H1B and it will expire mid February 2007. Listed below are my options and questions that I have

1) File an LCA (under PERM) for an EB3, and wait for about 4-5 years for my green card.

The only benefit is that I think I can extend my H1B - am i correct? My understanding is that if the I-140 is filed/pending and there are retrogression issues, one will be able to obtain an extension - is this correct? Or do you have to have an approved I-140 in order to get an extension. Please advise

You need to have an APPROVED I-140 or LCA pending for more than 365 days to get H-1 extension.

2) File an LCA for an EB2. This is tricky as i will be using experience gained from my present employer and according to my lawyer, this will trigger an audit. What are the chances of getting audited? Has anyone experience an audit before? And most importantly, if audited, will my case be able to pass an audit? And how long does an audit last? Please advise.

if the job that you apply for in LCA is significantly different from what you are doing now, you can use the experience from the same employer.

Also we could have AUDIT for a normal LCA as well, and no guarantee that an Audit will be there for your case (exp with same employer)

The downside to this is that if I am audited, and if the audit goes on for about 8 months, I will practically loose my ability to file for a H1 extension. Any advice guys?

You have time running out.... do act fast. No one can predict the time taken on audit. I have seen cases which have been approved in 2-3 months after approval and also cases pending for a long time.

3) Find a new employer quick, have them do the necessary recruiting (takes about 2 months), and then file as EB-2.

I would say start with this even before you are employed with them, if you can find any employer to do it.

This might be a better option as I won't hit any audit triggers. But it will be tricky, because depending on the timing I may loose my ability to obtain a H1 extension.

Please advise people.
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