GCWantedASAP001
Registered Users (C)
Hi,
I have a long Green Card story. I could call it a sad story, but then again, I am lucky to still have a job and be in status when lots of others are losing jobs and going back. So I wont call is a sad story. Just another GC story. As usual, lots of questions and few answers specific to my case. I have done all of the usual research, web sites, forums, etc.....I have not been able to find coherant answers....so I am posting here. Please help; GC gurus and experts, please let me know your opinion on my case...Thanks in advance....
I have a Bachelor's degree in CS and 3.5 years of relevant telecom work experience before I joined my current employer in MA in June 2000 on H1-B. In May 2002, my employer filed for LC in MA to start the GC process on my behalf. The application came up for advertisement on the DOL website in May 2003. By then my employer had laid off several workers including a few who had skills and experience similar to mine. In response to the advertisement, the employer received a few resumes including some from the laid off workers. Hence the employer decided to withdraw the LC petition. Unrelated to the GC process, I was subsequently transferred to the Maryland branch of the same employer. A petition to amend my H1 was filed and the employer is now willing to refile for Labor certification in MD on my behalf. I have about 18 months remaining for me to reach my 6 year H1-B limit (March 2005). With the labor processing times as lengthy as they are in MD, it is likely to take more than 2 years for my LC to be approved. Under the above mentioned circumstances, I have a few questions:
1) Can I extend my H1-B for a seventh year without having filed for I-140 ?
2) Can I retain the priority date of the originally filed LC in MA ?
3) Can I consider the 3 years that I worked with the employer in MA as "outside" experience to make up a total of 6.5 years of work experience and hence file under EB2 category insted of EB3 that the 3.5 years of experience will qualify me for ?
Thanks again for responding.
I have a long Green Card story. I could call it a sad story, but then again, I am lucky to still have a job and be in status when lots of others are losing jobs and going back. So I wont call is a sad story. Just another GC story. As usual, lots of questions and few answers specific to my case. I have done all of the usual research, web sites, forums, etc.....I have not been able to find coherant answers....so I am posting here. Please help; GC gurus and experts, please let me know your opinion on my case...Thanks in advance....
I have a Bachelor's degree in CS and 3.5 years of relevant telecom work experience before I joined my current employer in MA in June 2000 on H1-B. In May 2002, my employer filed for LC in MA to start the GC process on my behalf. The application came up for advertisement on the DOL website in May 2003. By then my employer had laid off several workers including a few who had skills and experience similar to mine. In response to the advertisement, the employer received a few resumes including some from the laid off workers. Hence the employer decided to withdraw the LC petition. Unrelated to the GC process, I was subsequently transferred to the Maryland branch of the same employer. A petition to amend my H1 was filed and the employer is now willing to refile for Labor certification in MD on my behalf. I have about 18 months remaining for me to reach my 6 year H1-B limit (March 2005). With the labor processing times as lengthy as they are in MD, it is likely to take more than 2 years for my LC to be approved. Under the above mentioned circumstances, I have a few questions:
1) Can I extend my H1-B for a seventh year without having filed for I-140 ?
2) Can I retain the priority date of the originally filed LC in MA ?
3) Can I consider the 3 years that I worked with the employer in MA as "outside" experience to make up a total of 6.5 years of work experience and hence file under EB2 category insted of EB3 that the 3.5 years of experience will qualify me for ?
Thanks again for responding.