Taking up full time job. Completing 4yrs on H-1B in Jan 2011

[jaishanakar]

Hello,

My H-1B start date is Dec 28,2006. I have been out of the country for about 35days since then. My H-1B was filed by Company A. I transferred to Company B in Oct 2007.

Recapturing the time I was not in the U.S.A (35days), I will be completing 4yrs on H-1B by end of Jan 2011. My current company, i.e. Company B applied for PERM LABOR in Sept 2008 but messed up my application. We got the denial in Nov 2010. Company B, reapplied for PERM LABOR the same day we got the denial.

I have a full time job offer from another company, Company C. This is a better offer from what Company B provides me currently. The major factor holding me back from taking the job at Company C is, there is a 1yr wait before Company C files for my PERM LABOR. This means I will be close to finishing my 5th year when they do file for it. If Company C messes up my PERM LABOR, I will be in trouble.

I am confused at this point and need advise.

Thank you

 

[jaishanakar]

Re: anderson24

Dear user "anderson24"

Thank you for your quick and kind response. I do have a MS degree from the US and an overall work experience of 6yrs.

Best regards.

 

[ginnu]

Dear user "anderson24"

Thank you for your quick and kind response. I do have a MS degree from the US and an overall work experience of 6yrs.

Best regards.

It all depends on employer to file LC in EB3 or EB2. Even if you have Master degree and 6 year exp it depends on Employer advertising forLC (what is required) and many employer file EB3 even if one is qualified for EB2 LC. you should talk to your employer if he will file LC in EB3 or EB2.