Should I use AC21 or file a new case altogether

[Zooz]

Hi Gurus,

I am working for Company A that I have had nothing but problems with. My H1 is with them. Also, my labor cert, approved I-140 and pending I-485 in EB3 (worldwide) category is all through them. My H-1B extension for the 9th, 10th, and 11th years just got approved.

Now, I have an offer from company B, who is willing to file a new case GC case for me using PERM and under EB2 (worldwide) category. Their lawyer told them that it is better to file a new case under EB2 rather than use AC21 and transfer my current I-485 case in EB3 category since it would be of no benefit to me.

She said that if we file a new GC case under EB2 (worldwide), I should be able to get my GC with in a year or a little bit more. But, if we do AC21 and transfer the case in EB3 (worldwide) category, it might still take me a million years to get the GC.

I'm not sure what to do. It sounds very good, but I don't want to jeopardize my current filed and pending I-485.

Any suggestions or advice will be greatly appriciated.

Please help.

Thanks,

PD: Feruary 2003
I-140 Approved: December 2003
I-485 Filed: April 2004
First FP: May 2005
Second FP: May 2006
EAD (3rd): Just Filed

 

[ginnu]

Hi Gurus,

I am working for Company A that I have had nothing but problems with. My H1 is with them. Also, my labor cert, approved I-140 and pending I-485 in EB3 (worldwide) category is all through them. My H-1B extension for the 9th, 10th, and 11th years just got approved.

Now, I have an offer from company B, who is willing to file a new case GC case for me using PERM and under EB2 (worldwide) category. Their lawyer told them that it is better to file a new case under EB2 rather than use AC21 and transfer my current I-485 case in EB3 category since it would be of no benefit to me.
------------ you are eligible for AC21 and your PD is Feb 2003. ask they lawyer what is wrong with that???
She said that if we file a new GC case under EB2 (worldwide), I should be able to get my GC with in a year or a little bit more. But, if we do AC21 and transfer the case in EB3 (worldwide) category, it might still take me a million years to get the GC.
---------------- lawyer just want the fees from you or from employer. does she give Guarantee that EB2 will not backlog for your country of birth? Filing PERM it will take around 60-80 days and then approval and then I-140 then I-485 (USCIS has plant to stop I-485 filing with I-140).
I'm not sure what to do. It sounds very good, but I don't want to jeopardize my current filed and pending I-485.
------------ if the new employer is ready to pay the lawyer let them file LC. You dont withdraw the pending I-485 and ask company B for permanent job offer letter with same/similar job duties and invoke AC21 directly or hire your lawyer. if they want to file new LC through PERM and then I-140 let them do it if the employer is paying all the DOL, USCIS fees and lawyer fees. I dont think compay has good lawyer. why the AC21 will not work?? you have PD of early 2003 and EB2 PD will be of 2006 August/ Sep.
if possible join the new employer with H1 transfer ( let them also pay to lawyer for H1)
Any suggestions or advice will be greatly appriciated.
------------- let them file new LC, nothing wrong with that but dont withdraw the pending I-485 and invoke AC21.
Please help.

Thanks,

PD: Feruary 2003
I-140 Approved: December 2003
I-485 Filed: April 2004
First FP: May 2005
Second FP: May 2006
EAD (3rd): Just Filed