2002calabor
Registered Users (C)
StressTestInUSA said:Hi All...
for some reason I dont find the 'homeliness' in other threads as much as I have seen it here,possbily cos we have been hanging in this thread since we have filed our labor...
Couldn't agree more... there are very patient and helping souls in this thread. That's why I keep coming back here myself. I still haven't found the "homeliness" in a 140 forum. In fact I have seen a lot of angry ppl in other forums (especially some forums in immigrationvoice.org)
I think you should be able to get company B to file 140 without actually joining them. I know friends who have gotten thru 140 and 485 without actually joining them. The catch is that you will have to join them once you get your green card.
As for PD you will have to kinda calculate if EB3 might move fater than EB2. Rule of thumb would be you are better off in EB2.
I have a situation if anyone can throw some pointers at it about the possibilties as they become narrow and narrow as years and stages pass by..
1. Filed labor in Dec 2002(EB3) in Company A, left that company in 2003 Joined company B in 2003,which filed labor in Oct 2003.
2. Joined back Company A in Jan 2006 around when I got my 45 day letter,labor approved, felt conquered the world for a while and filed 140 in Oct 2006 reg.process.
3. Was checking thru the 140 threads and realised the bombshell news that the tax returns of Company A since 2002 were all showing 'loss' and as I was not working for half of 2003/4/5, I might get denied this Company A' 140,or else will be very tough to handle the RFE if I get one,so that will be another war to win.
4.My Company 'B' labor shows certified and spoke to the HR and they say I can file for my 140,right now I am not empoyed with them. The attorney says it is a EB2,but I havent seen the Labor petition with my eyes until now as he is the company's attorney,they answer me in not more than 3 words..Once they get the certified one I can clear this doubt.
What r my options and strategy..?
Can I file 140 from company B without joining them..? It has employees of 400 and have good tax returns,so approval of 140 on the basis of 'ability to pay' should not be a problem..
My current H1 which will be the 7th yr will expire on May 18th 2007.
File for 8th yr extn with 'pending 140 application' and get extended till May,2008..and expecting the worst case of company A's 140 getting denied by May 2008,what do I do after May 2008,by then if EB2 dates for India get current fot Oct 2003 I will be saved by my skin.Company B should have a project for me to hire me with my skillset etc...It is not a desi consulting company(Swedish) to understand my dilemma..
Its like as if I am running into a dead-end..!!
I know its some thinking to be done for my case, but please share your thoughts...I am sure many are in the same configuration..