My current case non-RIR was filed in end of 2003 and its with Backlog reduction center right now. We have not received 45 day letter yet. According to the lawyer it may take 12 to 14 months for me to get labor through this application and then they can file 140 and 485 concurrently. But things are not good at work and dont know if I would last with the company until the second stage starts (layoffs going on).
Therefore, the other option is to start working with a company that can file my case under perm.
So I contacted such a company, company B, and they are willing to do my PERM filing. They already have approved PW for same position and I believe they need to do internal and external posting, then wait 30 days to file perm.
Now there are several risks if I decide to work with 2nd company. I lose my current application. There are major glitches with the PERM system right now and my application might get denied. Which would further delay the process. I would enter my 6th year of H1 in 5 months from now. One of the lawyers told me that I need to have 140 filed before the 6th year starts in order to get 7th year extension. I should mention again that case would be filed under EB3 , job category 4. Not facing retrogression so I140 and 485 can be filed concurrently. But, here again I've heard rumors that DoL want to change this rule to slow down the process
I got a second opinion from another very competent lawyer who suggested that I should stay at my current position and tell company B to go ahead and file my PERM application for future employment and join the company once labor is approved. According to him, he does not see an audit possibility until the I1140/485 stage and by that time I would have already joined company B.
Now, I dont think company B would be willing to do this since it would cost them money to do external posting then filing PERM for me.
Based on the above information, I need to decide whether I stay with the current company or start working with company B that can file PERM.
I would really appreciate some suggestions.
Therefore, the other option is to start working with a company that can file my case under perm.
So I contacted such a company, company B, and they are willing to do my PERM filing. They already have approved PW for same position and I believe they need to do internal and external posting, then wait 30 days to file perm.
Now there are several risks if I decide to work with 2nd company. I lose my current application. There are major glitches with the PERM system right now and my application might get denied. Which would further delay the process. I would enter my 6th year of H1 in 5 months from now. One of the lawyers told me that I need to have 140 filed before the 6th year starts in order to get 7th year extension. I should mention again that case would be filed under EB3 , job category 4. Not facing retrogression so I140 and 485 can be filed concurrently. But, here again I've heard rumors that DoL want to change this rule to slow down the process
I got a second opinion from another very competent lawyer who suggested that I should stay at my current position and tell company B to go ahead and file my PERM application for future employment and join the company once labor is approved. According to him, he does not see an audit possibility until the I1140/485 stage and by that time I would have already joined company B.
Now, I dont think company B would be willing to do this since it would cost them money to do external posting then filing PERM for me.
Based on the above information, I need to decide whether I stay with the current company or start working with company B that can file PERM.
I would really appreciate some suggestions.