Please advice. I have ONE day to decide

L

langada.tyagi

Registered Users (C)
Please advice me and sorry for my posting being so long. I have only one day to decide so please read on and give me advice.

I am working in company A (very big company) as a consultant through consulting company B. I have Labor and I-140 approved through B (EB3 worldwide category). I was not able to file I-485 due to retrogression for the last 2 years.


I have been working in company A for 2 years and my contract is going to expire on 6/15/2007 (this Friday). As per company A policy, my contract can not be extended beyond 2 years.

I also have a very excellent job offer from company A with very good salary, nice benefits and a very senior level position. Company A has also agreed to file GC in EB2 worldwide category. The H1-B transfer has been applied and receipt notice has also been received. My start date with company A is 6/15/2007 (this Friday)

All of a sudden, the date became current in July bulletin and now I can file I-485 from company B. That means I have to turn down the job offer from Company A and since the contract can not be extended beyond 2 years, have to quit company A and find another job or sit in bench (I don't know if company B will pay for bench time).

What do you guys suggest I should do?

If I stay with company B, I can file I-485, but loose a nice job at company A, and possibly long bench time and/or I don't know what else!!!

If I join company A, will I loose the opportunity to file I-485? They say they will file ASAP in EB2.

Is it possible that I join company A and still be able to continue with my GC on company B?

Is it a big risk to join company A and restart the GC process?

What are my options? Please suggest soon, I have only one day 6/14/2007 to decide. I have heard that if I join company A even for 1 day on their H1, my H1 from company B will become ineffective.

Thanks for responding....Sorry again for posting such a long story...
 
H1 expires 07/30, Should I file concurrently?

Hi All,

I have just got my labor approved (EB3 RIR, old system filed 03/24/2005) and employer is going to submit I140 PP.

1. Should I go with I140/I1485 concurrent filing? Are any benefits or drawbacks?
2. What is the benefit for doing premium I140 in this case (planning to file on June 15th)
3. My H1B(7th year) will expire in July 30th 2007, so while I140 is pending, can I extend my H1B for 1 year or 3 years?

Any suggestions would be greatly appreciated.
Thanks!
 
Simple, Do not think short-term

You never know what might happen in future with GC process. But if join B, then you can switch companies soon, so why worry about just a few months with B?

But with A, you already have a good job, so why worry at all? You have 2 great choices IMHO!!
 
This is a tough one.. but from the way you write the question, I think I know which direction you are leaning towards..

I think you really want to take the Company A's Offer... but you are apprehensive about the GC process / I485 and such..

It is good that you are thinking this through.. If I were you, I would take the Company A's offer.. take their EB2 application forward and apply for GC through PERM. There might be retrogression in early 2008 but since you already have the I-140 through the old labor PD, you should be fine even if the PD retrogresses..

Go ahead.. Job Flexibility and more money is the reason most people want the GC... you are getting what you want right now.. Go for it.. Don't let fear rule your actions.. Don't let fear lead your actions..
 
This is a tough one.. but from the way you write the question, I think I know which direction you are leaning towards..

I think you really want to take the Company A's Offer... but you are apprehensive about the GC process / I485 and such..

It is good that you are thinking this through.. If I were you, I would take the Company A's offer.. take their EB2 application forward and apply for GC through PERM. There might be retrogression in early 2008 but since you already have the I-140 through the old labor PD, you should be fine even if the PD retrogresses..

Go ahead.. Job Flexibility and more money is the reason most people want the GC... you are getting what you want right now.. Go for it.. Don't let fear rule your actions.. Don't let fear lead your actions..
 
langada.tyagi said:
Please advice me and sorry for my posting being so long. I have only one day to decide so please read on and give me advice.

I am working in company A (very big company) as a consultant through consulting company B. I have Labor and I-140 approved through B (EB3 worldwide category). I was not able to file I-485 due to retrogression for the last 2 years.


I have been working in company A for 2 years and my contract is going to expire on 6/15/2007 (this Friday). As per company A policy, my contract can not be extended beyond 2 years.

I also have a very excellent job offer from company A with very good salary, nice benefits and a very senior level position. Company A has also agreed to file GC in EB2 worldwide category. The H1-B transfer has been applied and receipt notice has also been received. My start date with company A is 6/15/2007 (this Friday)

All of a sudden, the date became current in July bulletin and now I can file I-485 from company B. That means I have to turn down the job offer from Company A and since the contract can not be extended beyond 2 years, have to quit company A and find another job or sit in bench (I don't know if company B will pay for bench time).

What do you guys suggest I should do?

If I stay with company B, I can file I-485, but loose a nice job at company A, and possibly long bench time and/or I don't know what else!!!

If I join company A, will I loose the opportunity to file I-485? They say they will file ASAP in EB2.

Is it possible that I join company A and still be able to continue with my GC on company B?

Is it a big risk to join company A and restart the GC process?

What are my options? Please suggest soon, I have only one day 6/14/2007 to decide. I have heard that if I join company A even for 1 day on their H1, my H1 from company B will become ineffective.

Thanks for responding....Sorry again for posting such a long story...
Click to expand...

If I were in your position, I would just stay with company B, get GC and then only think about anything else.
 
Yes, you can join Company A and file your GC thru Company B.
Again, you are filing I485 with Company B based on future job after you get your green card.
This is possible only if you have a good terms with Company B and will continue to support you any required documents if you early interview or without withdrawing your approved I-140. After 6 months of filing I485, you can use AC21 in which all you need is job offer from Company A.
Just my opinion I could be wrong, confirm with the experts or a lawyer.
 
You don't need to be working for Comp A to file 485. As such 485 is for future employment. You can still join Comp A and file 485 with Comp B for the future job. Here the only trick is Comp B should be willing to file 485 even though you won't work for them at the time of 485 filing. If your GC/485 is not approved in 180 days through Comp B's application, you can even use AC21 and still continue working for Comp A. Simultaneously you can get the Labor and 140 approved through Comp A where you will be working full time. This you can use as a fall back plan, in case if the 485 application through Comp B lands in trouble for some reason.

To summarize this is what I would do:
1. Get Comp B to file 485.
2. Take the offer from Comp A
3. Also file labor and 140 with Comp A, after joining them. This is like an insurance policy.
4. If 180 days passes with Comp B's 485 application, and it is still pending use AC21 and file supporting documents from Comp A to make use of the AC21 option. This would be the ideal one, because you get the GC and also get to keep your preferred job. It is highly likely that Comp B's 485 won't be approved within 180.

Hope this helps in your decision making process!



langada.tyagi said:
Please advice me and sorry for my posting being so long. I have only one day to decide so please read on and give me advice.

I am working in company A (very big company) as a consultant through consulting company B. I have Labor and I-140 approved through B (EB3 worldwide category). I was not able to file I-485 due to retrogression for the last 2 years.


I have been working in company A for 2 years and my contract is going to expire on 6/15/2007 (this Friday). As per company A policy, my contract can not be extended beyond 2 years.

I also have a very excellent job offer from company A with very good salary, nice benefits and a very senior level position. Company A has also agreed to file GC in EB2 worldwide category. The H1-B transfer has been applied and receipt notice has also been received. My start date with company A is 6/15/2007 (this Friday)

All of a sudden, the date became current in July bulletin and now I can file I-485 from company B. That means I have to turn down the job offer from Company A and since the contract can not be extended beyond 2 years, have to quit company A and find another job or sit in bench (I don't know if company B will pay for bench time).

What do you guys suggest I should do?

If I stay with company B, I can file I-485, but loose a nice job at company A, and possibly long bench time and/or I don't know what else!!!

If I join company A, will I loose the opportunity to file I-485? They say they will file ASAP in EB2.

Is it possible that I join company A and still be able to continue with my GC on company B?

Is it a big risk to join company A and restart the GC process?

What are my options? Please suggest soon, I have only one day 6/14/2007 to decide. I have heard that if I join company A even for 1 day on their H1, my H1 from company B will become ineffective.

Thanks for responding....Sorry again for posting such a long story...
Click to expand...
 
....Tyagi
It all depends on how well you have relations with Company B. If they are flexible then I would take offer from company A or else I would stay with Company B till I file for my 485 and after 6 months I would take a decision. Looks like you have very good experience in your field. Try to get a job for this next 6 months from company B. With USCIS nobody can guess what they will do in the coming next minute, they are big fools. Infact we bigger fools than them because we keep trying to guess what those fools will do.
 
Thank you all

Thanks all for your valuable suggestions. I still have not decided what I will do.

I am inclined to accept offer from Company A and restart GC process and keep my fingers crossed. Hope EB2 ROW will not be affected, it had never retrogressed in the past.

Thanks again
 
It seems like company A offers better career possibilities and they will process your GC via EB2. I would be inclined to take it up. Going back to a body shop where future career is uncertain just for GC is not a good idea.

I was in the exact same position once and I chose to go to the better job - it turned out to be a great decision - my career took off, I got my GC, went to business school, it worked out.

Send me a PM if you want to chat. It is somewhat hard to advice not knowing specifics about the nature of the job and companies. There is risk in everything but it is always a good idea to do what makes sense for career progression and not just immigration purposes.

rk
 
Suppose you go back to B and they don't have a project for you fast enough. You'll be laid off, right? Then you'll be left with nothing.

Join company A. It is very unlikely that EB2 ROW will retrogress by any significant amount if at all (although anything is possible, as the USCIS has proven).
 
tyagi..,

how about this..,

can you ask A.., to wait for 6 more months..., bite the bullet and stick with B, for exactly 180 days, and then join A.

there are always exceptions -- if you could talk your way through.., particularly if it was the client you have been servicing for long.

if you do join A right now.., lets hope that Eb2 ROW will be current.
 
You must log in or register to reply here.
Top