- Comp A: definitly an approved labor with older priority date is better any day, that too if you can file I-140 and get PD lock for yourself, you can't ask for anything better.
- Comp A: the RFE on Comp A's labor application has more positives than negatives. Making it through the RFE and getting approval is a good thing.
There may or may not be an RFE in future for Comp A. But if there is an RFE, Comp A has better chances of providing a good response and making it
through like the labor process. Also keep in mind the RFE was not just for company, your experience also played a role in it.
- Comp B has it's own negatives and positives. The labor has not been approved yet, and is behind more than 4 years with priority
date when compared to Comp A, and and it is unavailable, which means we don't have no clue about when it will be available leave alone
2006 becoming current. Positives being more employees and career options.
- You mentioned about 75 employees in Comp B and 16 employees in Comp A, Comp B progressing well and Comp A not in similar progress path etc.
This is not necessarly negative on Comp A from your GC point of view. I can look at the picture from different perspective,
which one do you really care? whether a company is making more money and has more employees, or they make decent money and good enough to get me
through the GC path?. Also comp A was good enough to have you employed for 4+ years, and get you through the labor process with RFE.
Whereas with Comp B you are just starting.
Again there is no simple solution to get the best out of this. You probably will have to mix and match to get you ahead in the GC queue, which I tried to express in the process flow below:
0. Begin
1. file 140 through Comp A asap, either by getting back on their pay-roll or not
1a. if Comp A insists on you being on their pay-roll with them for 140 filing, join them and file 140. Goto Step 2b.
1b. if Comp A agrees to File 140 without you joining them back, do the 140 filing and goto step 2a.
2. Comp B's EB2 labor
2a. You are continuing to work with Comp B,
2a-1. as soon as Comp B's labor gets approved file 140 through Comp B, goto Step 2a-2
2a-2. if Comp B's 140 gets approved, and Comp A's 140 also approved by that time then goto Step 3
2a-4. if Comp B's labor or 140 is not approved yet, but Comp A's 140 is approved goto Step 4
2b. You left Comp B, but your EB2 labor & 140 through them is being processed for future employment.
2b-1. Comp B's labor approved : File 140 for Comp B and on approval goto step 3
2b-2. Comp B's labor got stuck, or 140 is stuck, but Comp A's 140 is approved, goto Step 4
3. You filed both 140's, and both are approved: (here you have the flexibility to choose EB2 or EB3, based on whichever becomes available first)
3a. If EB3 June 2002 becomes current: Goto Step 4
3b. If EB2 June 2002 becomes current: Use the PD from Comp A, and goto Step 6
4. Join Comp A, if you have not already done so, and goto step 5
5. File 485 (if it is not current wait till it is current) through Comp A, and wait it out with them <end>
6. Join Comp B, if you have not already done so, and goto step 7
7. File 485 (again if it is not current wait till it is current) through Comp B, and wait it out with them <end>
The idea is to get both companies continue with Labor/140 processes if possible, whichever (Eb2 or Eb3) becomes current first, file 485 through them,
and continue on their pay-roll from that point on.
Since there is no definite way by which you can predict whether Eb2 June 2002 will become current first or Eb3 June 2002 will become current first
you can use the above process combined with Visa bulletins to determine your course of action.
Note to fellow coders: Feel free to fix, update, or add more scenarios to this flow as you feel necessary.