To find a way out of trap

B

bharatpremi

Registered Users (C)
Dear all,

Currently I am on 7th Yr H1 ( 6 Years and 1 month to be precise) and working as a IT consultant. My project at client ended a while ago and so far no luck getting assigned to a another project. My project finding experience since last some days tells me that nowadays everywhere everyone wants only GC holder and/or citizens only even on contracting position.. It looks like It may take some more time to get next project due to H1 status. Meanwhile if my employer decides to get rid of me as no "project work available" What could be my best options?

- Can I find some company who has approved GC labor of its past employee
and willing to use it for me ? Before PERM this was definately an option
(Ofcourse lady luck embraces you then only !!!) But now can it still be
considered an option even after PERM?

- Other option I can think of is to find an employer who is ready to file under PERM. Now in this case suppose labor gets approved before expiration of my 7th year but if by any reason if I 140 is not filed or if filed not get approved by the time 7th year expired then what would be my option? Pack the bags or still I will have some hopeful way out?

Thanks in advance.

- Bharat Premi
 
bharatpremi said:
Dear all,

Currently I am on 7th Yr H1 ( 6 Years and 1 month to be precise) and working as a IT consultant. My project at client ended a while ago and so far no luck getting assigned to a another project. My project finding experience since last some days tells me that nowadays everywhere everyone wants only GC holder and/or citizens only even on contracting position.. It looks like It may take some more time to get next project due to H1 status. Meanwhile if my employer decides to get rid of me as no "project work available" What could be my best options?

- Can I find some company who has approved GC labor of its past employee
and willing to use it for me ?
------YES and file I-140, I-485 EAD AP
Before PERM this was definately an option
(Ofcourse lady luck embraces you then only !!!)
But now can it still be
considered an option even after PERM?
-------YES
- Other option I can think of is to find an employer who is ready to file under PERM.
---------- I have not read any case till date approved through PERM , it will take about 3 months file
Now in this case suppose labor gets approved before expiration of my 7th year but if by any reason if I 140 is not filed or if filed not get approved by the time 7th year expired then what would be my option? Pack the bags or still I will have some hopeful way out?
------ If LC through PERM is approved then you will have PD of 2005, and then if PD is current then only you can file I-140, I-485, EAD AP
IF PD is current and your I-140 and I-485 is filed BEFORE your I-94 gets expired then you are safe, becase filing I-485 and getting I-485 reciept gives you AOS pending status, you can work with EAD or can file 8th year H1 extension based on pending I-485(8th year H1 can only be filed BEFORE your I-94 gets expired)
Thanks in advance.

- Bharat Premi
Click to expand...
 
Ginnuji,

Thanks for your eloborative and explanatory reply. So it seems that in both the cases (using past approved labor and PERM) filing must be associated with EB2 category as EB2 is current and EB3 is already in retrogressed mode. And it seems that this worst scenerio can really become worst if EB2 will go to retrogression next year. Now for me question remain will be how to find somebody with already approved labor? I hope I get the project within very near future otherwise it will be a tough ride for me as time will pass.

Thanks.

- Bharat Premi
 
bharatpremi said:
Ginnuji,

Thanks for your eloborative and explanatory reply. So it seems that in both the cases (using past approved labor and PERM) filing must be associated with EB2 category as EB2 is current and
EB3 is already in retrogressed mode.
----- yes and you may be aware that some dicussion is going on at DC that visa lost in 2001 to 2004 should be recaptured, if that is passed and signed into law it means EB3 may be current for some time
And it seems that this worst scenerio can really become worst if EB2 will go to retrogression next year.
------ according to last discussion of DOS officials with AILA they have sid that EB2 may retrogress in 2006
Now for me question remain will be how to find somebody with already approved labor?
---Dear, you have to network with your friends or have to find out from companies. in this thread 4-5 months back somebody was posting that his company has many approved LC, search for that and find about company info , if that is true.I think that person was also providing email
I hope I get the project within very near future otherwise it will be a tough ride for me as time will pass.
Good Luck!!!
Click to expand...
 
Applied for Canada PR

To play safe I have applied for Canada PR so that I won't have to pack the bags....
 
Anu,

That's sure be a way but you do not avoid packing, you just pack for Canada instead for your home country. And I am in process of figuring out the way so as not to pack bags... Can you please bring the ideas or ways which enable us not to pack at all

- Bharat Premi
 
Can work in US on Canada PR

Well to be in some sense .......I will have to pack my bags & go to Canada but I can always work in US on TN if anyone in US hires me.
 
anu73_in said:
Well to be in some sense .......I will have to pack my bags & go to Canada but I can always work in US on TN if anyone in US hires me.
Click to expand...
----canadian PR cannot work on TN visa in US only canadian citizen can work on TN
 
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