wait for pending labor EB3 or new application with EB2/new employer ?

[non-immig-alien]

First I should apologize if this is not the right forum (my first post here, and this is the closest topic I found to my question)

Heres my current situation

- Citizen of India.
- On H1B - about 1 yr 10 months left (out of 6)
- Current employer "A" filed for labor, RIR, EB3 in Aug 2002. (State was approved, Federal is pending.)
- As per the attorney the labor application is at the Philly backlog processing center. There was one NOF (Notice of finding) in Feb 05, which was responded to in March 05. (This NOF was different from the 45 day notice which I believe is just to inform that we wish to continue the application). According to the attorney, the NOF was just some clarification and should not be an issue for the case.

My options
- Option 1. Continue working with the current employer and wait to get GC.
- Option 2. Change job to employeer "B", who is willing to sponsor for my GC application, using PERM (for Labor) and EB2. (I have a MS degree)

My goal is two fold - A) get GC as quickly as possible B) quit job from employeer "A" as soon as possible (lots of reasons including avaiability of more financially lucrative options)
A is ofcourse much higher priority.

Question
Choose Option 1 (continue to suckup with the current employer until I get my GC) or Option 2 (Change job, file with PERM, EB2) ?
Considering that labor may be approved in 6 months or less with PERM, and EB2 is not retrogated, will Option 2 be faster (or slower) than Option 1 ?
Suggestions ? thoughts ? things to consider ?

 

[EricS]

First I should apologize if this is not the right forum (my first post here, and this is the closest topic I found to my question)

Heres my current situation

- Citizen of India.
- On H1B - about 1 yr 10 months left (out of 6)
- Current employer "A" filed for labor, RIR, EB3 in Aug 2002. (State was approved, Federal is pending.)
- As per the attorney the labor application is at the Philly backlog processing center. There was one NOF (Notice of finding) in Feb 05, which was responded to in March 05. (This NOF was different from the 45 day notice which I believe is just to inform that we wish to continue the application). According to the attorney, the NOF was just some clarification and should not be an issue for the case.

My options
- Option 1. Continue working with the current employer and wait to get GC.
- Option 2. Change job to employeer "B", who is willing to sponsor for my GC application, using PERM (for Labor) and EB2. (I have a MS degree)

My goal is two fold - A) get GC as quickly as possible B) quit job from employeer "A" as soon as possible (lots of reasons including avaiability of more financially lucrative options)
A is ofcourse much higher priority.

Question
Choose Option 1 (continue to suckup with the current employer until I get my GC) or Option 2 (Change job, file with PERM, EB2) ?
Considering that labor may be approved in 6 months or less with PERM, and EB2 is not retrogated, will Option 2 be faster (or slower) than Option 1 ?
Suggestions ? thoughts ? things to consider ?

Option 2 may be faster, but I have read on this forum that it is not easy to apply in EB2 under PERM. Do some search on PERM in this forum and you will find lot of disccussion about EB2 and PERM. Weigh your option once again based on your findings.

 

[cyberbabu]

Wait and proceed

If I were you..I'd wait for some more time and guage the PERM process..Because there is a possibility that you may not be able to apply EB2 in your new labor. Do not blindly listen to the new employer because they will always say no problem we can do it. But when it comes to real business they will hesitate to do stuff in EB2 especially with PERM requesting for Business reasons to do labor in EB2 and what not !!

There is also a lot of rumour going on that EB2 will also get retrogressed...

My suggestion is to ask employer B to start the PERM process by doing the hiring process etc etc..[placing ad etc which takes about 2 months] by which time you will get a better picture..If things go well [as per your wish] you should join new employer..

2002 is a good priority date to lose especially considering the fact that 485 is current for June 2002. I'd think you will get your EB3 labor by this year end for sure. 485 will also be at August 2002 by that time..Safe bet !!