I-140 Denied in Sep08 - 8th year-in Appeal now- Found a New Job
I am on H1-GC Filed on EB3(Priority Date Nov2003) - I-140 Denied in Sep08 and stuck in Appeal.
As a Database Administrator (IT)
In US since 2001 so I have completed 8 years. Now with wife and 2 kids. I have a valid H1 Visa till Jun2010.
I have used up my 6+ years. Yes my H-1B time now is based on extensions beyond six years based on your pending green card paperwork.
I-140 was denied on the basis of Education qualification (15 Years Bachelors Degree from India), in Sep08- My attorney filed an appeal.
I-485 has not been filed yet.
What are my choices other than waiting for 2 years for the result from AAO.
I got a New Job Offer in Chicago as a Middle Officer/Risk Manager NON-IT Position.
1) Would I be able to transfer my H1 to other employer- On the basis of pending appeal?
2) Should the Job description be exactly same as before? (DBA -IT)
3) how can I ensure I dont have any problems with processing GC with the new Employer and work in US legally.
If above 3 are infact possible:-
Should I file on EB2 or EB3 to ensure it does not get denied.
Lastly but not the least, can I recapture my Priority Date of Nov2003
I would REALLY REALLY appreciate any response for you guys. I know many of you guys have gone through some thing of other, so any help would be really nice.
I am on H1-GC Filed on EB3(Priority Date Nov2003) - I-140 Denied in Sep08 and stuck in Appeal.
As a Database Administrator (IT)
In US since 2001 so I have completed 8 years. Now with wife and 2 kids. I have a valid H1 Visa till Jun2010.
I have used up my 6+ years. Yes my H-1B time now is based on extensions beyond six years based on your pending green card paperwork.
I-140 was denied on the basis of Education qualification (15 Years Bachelors Degree from India), in Sep08- My attorney filed an appeal.
I-485 has not been filed yet.
What are my choices other than waiting for 2 years for the result from AAO.
I got a New Job Offer in Chicago as a Middle Officer/Risk Manager NON-IT Position.
1) Would I be able to transfer my H1 to other employer- On the basis of pending appeal?
2) Should the Job description be exactly same as before? (DBA -IT)
3) how can I ensure I dont have any problems with processing GC with the new Employer and work in US legally.
If above 3 are infact possible:-
Should I file on EB2 or EB3 to ensure it does not get denied.
Lastly but not the least, can I recapture my Priority Date of Nov2003
I would REALLY REALLY appreciate any response for you guys. I know many of you guys have gone through some thing of other, so any help would be really nice.