I-140 clear, Need to change job, PD retrogressed. Please advice

D

Del_xyz

Registered Users (C)
Guys,

Please help me out here. Your valuable advice will help me in taking decisions.

I have PD of 2 Jan 2003 under EB-3. My I-140 is clear and can not file for I-485.

I am Completing 6 yrs in US on 1 Jan' 2007

My current job really sux, kind of work is not great, don't get along with my Boss and most importantly I am getting outdated in terms of technology. My current employer still works on VB-6.0 which is almost out of the market now. The employer is a big name in market though, they pay less compared to market standard but I have a permanent job with US company!

But I have completed MS recently (May '2006) along with my job with a GPA of 4.0/4.0. I am known to be very good in programming/software etc. But I am actually decaying myself with the present employer.

I have filed for 3 yrs extension and hopefull to get it by next month. Now, what should I Do?

Since I will have 3 yrs extension now, change job, start GC fresh on EB2, retain the PD of 2 Jan 2003 and take the risk? Leave permanent job with my present employer (US largest financial company) and join consultancy!!!
or
Should I just hang in to the current job, wait for PD of 2 Jan '2003 under EB3.?
or
Just wait for the current Bill in House (where people can apply for I-485 even if PD is not current and after 6 months use AC 21 to change job)

What do you suggest? Your advice will be invaluable
 
Hi

My friend...I am kindof in a similar boat.Good thing is I am still consulting..I tried changing employers at this stage...but i checked with many of my friends,some attorneys etc.They advised it is not a good idea to messa round now.Being able to retain your old priority date is a gray area that no one is comfortably answering.I am just hanging around and waiting to see something is going to happen in the CAPITOL HOUSE.

Good luck my friend.
 
My Friend
Let me first lay out the challenges for you
1) The H1 extn obtained beyond 6th year can't be 'transferred' like a normal H1 before 6. You will have to check with a really good attorney to understand the risks. Obviously if ur 140 is withdrawn by ur current employer u r in trouble.
2) EB3-2 retain priority date : This I can share personal experience on. I've checked with my attorneys and they say if you trying to change categories(3 to 2) retaining priority date is a gray area at best!

My advice : 1) Check on #1 most importantly it may affect your very status. If you get a green on this from a good attorney start looking for a job. Hell you may get lucky and find a Sub-Lab or something.
2) By the time you get a couple of offers in hand the Retro scenario will be clearer when the nbrs for this year are published. Then you can make your choice.

If you don't get a Green on 1 hang in there for now.
 
Best thing would be to try and move up to another position in the same firm. You can than keep EB3 application as is and also file EB2 given that you have Masters and hopefully the new post requires masters.
Thats the best way of having your cake and eating it too.

Or else take a part time job in new technology :)
 
Del_xyz said:
Guys,

Please help me out here. Your valuable advice will help me in taking decisions.

I have PD of 2 Jan 2003 under EB-3. My I-140 is clear and can not file for I-485.

I am Completing 6 yrs in US on 1 Jan' 2007

My current job really sux, kind of work is not great, don't get along with my Boss and most importantly I am getting outdated in terms of technology. My current employer still works on VB-6.0 which is almost out of the market now. The employer is a big name in market though, they pay less compared to market standard but I have a permanent job with US company!

But I have completed MS recently (May '2006) along with my job with a GPA of 4.0/4.0. I am known to be very good in programming/software etc. But I am actually decaying myself with the present employer.

I have filed for 3 yrs extension and hopefull to get it by next month. Now, what should I Do?

Since I will have 3 yrs extension now, change job, start GC fresh on EB2, retain the PD of 2 Jan 2003 and take the risk? Leave permanent job with my present employer (US largest financial company) and join consultancy!!!
or
Should I just hang in to the current job, wait for PD of 2 Jan '2003 under EB3.?
or
Just wait for the current Bill in House (where people can apply for I-485 even if PD is not current and after 6 months use AC 21 to change job)

What do you suggest? Your advice will be invaluable
Click to expand...

In addition to other replies, you read this thread. http://immigrationvoice.org/forum/showthread.php?t=1138
 
I disagree with Tiger's below comment

CoolTiger said:
My Friend
Let me first lay out the challenges for you
1) The H1 extn obtained beyond 6th year can't be 'transferred' like a normal H1 before 6. .
Click to expand...

I transfered the remaining few month to a new employer while on 7th year, then extended another year based on old employer's pending LC (in this case, the LC must not have been withdrawn).

Besides the above fact, my personal opinion is you can transfer the 3yr extension to another employer. My lawyer from a reputable law firm confirmed that. The true risk is tied with the new employer and how the PERM LC turns out. Thanks.
 
MegZ
You maybe right....I didn't mean it to be a conclusion that's why I suggested consulting an attorney.
The point is if you r transferring an H1 before the 6 years we all know and u don't need to consult an attorney. But nothing should be assumed for an H1 beyond 6 based on an underlying immigration petition. It could vary from case to case.
I ought to let these attorneys earn their bread too :)
 
Thanks everyone for their replies.

Chaning to other group in same company is good solution but not practical for me. As I mentioned I don't get along with the boss, the other group who will interview me will talk to my manager and he wont provide good feedback and then since he will also come to know, It will be more difficult to survive in my prsent group. So doesnt really matter even if you get GPA 4.0/4.0 in MS, your boss feedback is important when you change group.

As far as switching job is concerned, I will have 3 yrs extension soon. And I have talked to attorney's already their is no issue with transfering to a new job.

Issue comes first to retain priority date of EB3 into EB2. I have Masters to support EB2 + 8 yrs experience to support it but my MS graduation date is in May 2006. If I am able to retain EB3 PD of 2 Jan 2003, I can file I-485 without any issue but lets assume if I am not able to retain priority date, since it is from EB3 to EB2, I have been told that you can change your GC to EB3 and then retain it. So I will be in different job but same GC status. Secondaly, if I dont retain PD then PD of July'06 for EB2 isn't it equivalent to PD of 2 JAN 2003??

And finally is it worth it? leaving this permanent kind of job to consulting? change from VB6.0 and old technology in present company to some new company with DOT NET? Waiting in prsent comapny for PD (2 Jan 2003) to move in EB3 or else change job, start GC all over again take all the pains and then risk it with retaining of PD?

Still confused, but I see merits and big demerits on staying both the side of the coin. Please help!
 
i will suggest that you better wait and watch atleast for 3-4 months.....you never know something in terms of legislation may help people already waiting...

old technology is bad only if you have to immediately look for a job......otherwise it does not matter what your work is as long as it is secured for a year.....but if you cannot stand it 8hrs/day then i will suggest it will be better to plan to look for another job rather than keep getting depressed or take out frustration one day and get in a situation to be laid off....or fired...
 
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