I-140 Denied in Sep08 - 8th year-in Appeal now- Found a New Job

S

subbucv

New Member
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.
 
You was denied on the basis of Education qualification, so it looks like you do not qualify for EB2.

Since you are in the EB3 appeal process, you can not file EB3 again at this time.

Also, you should not change job at this time, because you I-140 have not been approved yet and no I-485 pending, so you can not use AC-21 to change employer.
Please see: http://www.greencardapply.com/i485/i485_issues.htm
 
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