New Course of Action - Please advise

T

tot-batot

Registered Users (C)
Hi Guys,
As always thanks for all of your help who are out there and lending a hand to each other in this immigration mess.

After denial of I-140 (EB3) in November of 2007 in response to my A2P RFE, I filled for appeal in December 2007. Now my case is in appeal with AAO. My H1b is expiring in June 2008. I am hoping to get an extension based on my pending appeal.

In the meantime, another company has offered me a job and agreed to file the labor of my behalf. In the current situation of mine, where appeal is pending, which will take a long time for the final decision, my lawyer suggested to file the new labor through that company and this time under EB2 catagory. I dont have masters degree but I have BS computer science and now more than 5 years of US experience. He suggested EB2 since for my home country EB2 is always current.

I just want to get an opinion for all of you about this situation of mine, and filing labor under Eb2 cat under PERM. The position in the new company is Senior Security Analyst and requires Masters degree or 5 years of experience.

Also , what is the process of getting extension on H1b while appeal is pending and how early should I file the extension before June 2008.

I did post another thread related to the last issue regarding the H1 extension here
http://immigrationvoice.org/forum/sh...ad.php?t=17377

I apologize for this, I should have remove that one but am unable to find the delete option
Thanks in Advance
RB
 
As long as you extend the H-1B 6 months prior to expiry of current tenure and the I-140 appeal is pending, you should be all set. Once your new employer files a labor certification in PERM, you become eligible to file another H-1B extension after 365 days. So you have to plan accordingly. Yes, you can file in EB2 in case the job requirement is 4-years bachelors degree (4 years) with 5 years of experience. If filed in EB2, based on your e-mail, you may not need the second H-1B extension as mentioned above.

Good luck.
 
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