RIR denial (Delaware state) considering substitute-LC from Nebraska company.

[guntur]

I filed my LC thru my current employer based in Delaware state.
Got the RIR denial on April 2 nd
My Lawyer says the priority dates retain and such RIR denial cases take no longer than 2 months to get approved
I have an offer from a Nebraska based company with a substitute labor.
My 6 th year will by 12/31/2003
I'm not able to decide which one should I go for.

Please ADVICE....

 

[Jharkhandi]

guntur,

In these issues, normally, no amount of opinion can help you.

By the way - if your RIR is denied, you still have good chances of getting LC. I understand you must have applied LC before Sept 2002 as you have already got denial on RIR. In this case you can wait for Non-RIR to get certified and meanwhile apply for yearly extension with your Delaware LC.

However, with Nebraksa based company, there are two risks:
1. It is substitute one and has higher possibility of rejection.
2. In this case I not sure if you can avail 6 year extension.
Good side would be that if you get it cleared - your 140 and 485 will be faster (as of now.) Flip side is that it will be too much risk.

Ofcourse priority dates will remain same, but how does it matter? It has been current for last two year (almost) now.

Hope you get a clearer picture.