- The latest approvals we have seen so far is Nov 2002.
Dec 2003 is quite far. [Dont know how long it takes to get certification.]
- Country is current for EB2.
Which is very good. The only hurdle for you is a PERM labor.
[This is just a thought/suggestion, think about it. As I said earlier, if it does not makes sense, please ignore.]
Negotiate with your new company that you will start working for them
upon the receipt of the approval of (1) H1B transfer and (2) PERM labor.
Most companies will say OK for (1), but (2) is tough to convince them.
case 1: New company agrees for (1) and (2) - Best Case
You can join them and immediately apply for 140 and 485.
case 2: New company agrees for (1) only - Not a bad Case
You can join them, apply for labor in PERM. You should atleast negotiate
that they should file your PERM as soon as you join. The worst case you
will get your PERM labor in 3/4 months, which is much better than waiting
for a Dec 2003 labor. The best woul dbe getting your labor in 1 month.
I think there will be no issues/problems trasferring your H1 to the new company.
Coming to your last question, with your old labor, you need to get your labor to consider any of the available options.
1. You can switch when you get an EAD. For this you should get your labor, and should apply for 140, 485, etc., [This is a grey area for me.]
2. You can switch, six months after filing 485 (i guess, I am not sure.) But you will not fall in to this case, as your country is current.
I just tried to put in my thoughts. Please do not take decisions on my suggestions. If anything I said does not make sense, please ignore.
Good luck.
green_cookie said:
PD is dec 2003 (just fixed signature - sorry)
Country is current to file next steps for EB-2
do you see any issues with H1 acquisition/transfer, H1 7th year extension etc? is it possible to ask company to join only after a PERM application they submitted is approved?
If I am going with option to wait for LC, when can I switch to other job? would you know the constraints? I read about some 6 months constraints somewhere but wasn't sure to which step it was related.
Thanks,