Should I file another petition?

M

MA_Labor

Registered Users (C)
Here's my timeline..

1. (March 2000) Came to US on H1-B
2. (Feb 2001) Filed labor in MA - EB3 RIR
3. (Nov 2002) Company Tanked and switched jobs
4. (Sep 2003) Filed Labor in MA - EB3 RIR
5. Company decided to relocate to another state
6. (Nov 2004) Joined a consulting company and filed 140 and 485 concurrently using substitute labor with PD of 12/2002
7. (Feb 2005) 140 Approved
8. (April 2005) Fingerprinting done
9. (Nov 2005) Switched jobs using AC21 and H1 transfer
10. (March 2006) 6 years on H1 completed
11. (March 2006) Additional 3 years H1 extension obtained based on pending 485 application
12. (July 2006) Switched Jobs again using AC21 and H1 transfer
13. (October 2006) H1 transfer petition approved with 3 years extension

So right now I am basically waiting on my 485 to get approved. Since my application was filed under the EB-3 category with PD of 12/2002, I have to wait at least 2 more years for my PD to current. Also, I am a little nervous because I'm using a substitute labor. So here's my question. Can I file another petition via the perm route for backup purposes without hurting my current application? Also this time I plan on filing under the EB2 category since I have a US masters degree + 9 years of experience. I have also heard of folks switching from EB3 to EB2 and retaining their old priority date. Is that doable?
 
When you got (October 2006) H1 transfer petition approved with 3 years extension, is the ending date same as your March 2006 3 years H1 extension?
 
immiq said:
When you got (October 2006) H1 transfer petition approved with 3 years extension, is the ending date same as your March 2006 3 years H1 extension?
Click to expand...

Not sure of the exact dates. My attorney has mailed me the approval notice but I haven't received it yet.

Can someone answer my question though. Should I file another petition through perm in EB-2 category or would it be futile?
 
MA_Labor said:
Here's my timeline..

1. (March 2000) Came to US on H1-B
2. (Feb 2001) Filed labor in MA - EB3 RIR
3. (Nov 2002) Company Tanked and switched jobs
4. (Sep 2003) Filed Labor in MA - EB3 RIR
5. Company decided to relocate to another state
6. (Nov 2004) Joined a consulting company and filed 140 and 485 concurrently using substitute labor with PD of 12/2002
7. (Feb 2005) 140 Approved
8. (April 2005) Fingerprinting done
9. (Nov 2005) Switched jobs using AC21 and H1 transfer
10. (March 2006) 6 years on H1 completed
11. (March 2006) Additional 3 years H1 extension obtained based on pending 485 application
12. (July 2006) Switched Jobs again using AC21 and H1 transfer
13. (October 2006) H1 transfer petition approved with 3 years extension

So right now I am basically waiting on my 485 to get approved. Since my application was filed under the EB-3 category with PD of 12/2002, I have to wait at least 2 more years for my PD to current.
-----------nobody can say at this time how PD is going to move
Also, I am a little nervous because I'm using a substitute labor.
------not a problem as I-140 is approved
So here's my question.
Can I file another petition via the perm route for backup purposes without hurting my current application?
-------------your new employer can file LC
Also this time I plan on filing under the EB2 category since I have a US masters degree + 9 years of experience.
---------- you having master degree or doctrate degree does not matter it is up to employer job posting and what education or exp they need and file the LC with that education/exp .discuss the matter with employer/company lawyer if he will be able to file in EB2.
I have also heard of folks switching from EB3 to EB2 and retaining their old priority date.

Is that doable?
------------yes, read below
Click to expand...

(e) Retention of section 203(b)(1), (2), or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
 
ginnu said:
(e) Retention of section 203(b)(1), (2), or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
Click to expand...

Thank you Ginu! As always extremely helpful.
 
immiq said:
When you got (October 2006) H1 transfer petition approved with 3 years extension, is the ending date same as your March 2006 3 years H1 extension?
Click to expand...

It's 3 years from the date petition was filed. i.e it is valid until July 2009.
 
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