What to do? Pls help

[h1bguyyy]

My current company is willing to file for my PERM. However; i have another job offer that I'm really interested about. They say that they wlll file for my GC after 1 year.

My question is that keeping the retrogression in mind, would waiting for 1 year push me back a whole lot?

 

[floyd777]

Who told you that there is a law like this

Hey, who told you that there is a law that you have to stay with your employer for 4 years after geting GC?

This is wrong, there is no such law. USCIS may (very rare) send you a notice to prove your intention to stay with the company after your GC process. But there is no law like what you mentioned.

Well, I guess it will push you back one year plus the time it takes for a new LCA (which is around 6 months or so, depending on where you are. But you're not subject to the H1B cap). And keep in mind that the law says that you have to stay with your employer after you've received the GC for another 4 years. If the USCIS wants to, they can ask that you have to proof that you had no intention to change your employer after receiving the GC. They can ask that for 2 years after the GC. After that, in the following 2 years, they have to proof that you had the intention to leave the employer after receiving the GC. After 4 years you're save. So, if you anyway want to change the employer it's better to do it before GC.

 

[gc_2006]

Did you win a GC or did you get one through employment? The info about 4 years is the first time I have heard so far. Consensus among posts on this forum and from Rajiv seems to be that staying a minimum of 6 months is recommended to avoid further hassle with CIS down the road when it comes to applying for citizenship.

Regardless of retrogression (who knows what will happen there and if congress acts to help this issue in the mean time), ask yourself a couple of questions:
- you know the job you have now and you trust them to file your GC (or not...)
- new jobs are always risky because you don't know the company - they don't know you either and you also can't be sure that they'll file your PERM in a year (they 'told' you - yeah, what if they don't because another manager comes and 'can't remember'). Best would be to put it in writing for one - also who pays cost and if and when it would need to be paid back (e.g. leaving sponsoring company within a certain timeframe after getting GC).
- stay or go for the job that you expect to have greatest stability for the near future. Unknowingly I have quit a job that was reasonably stable to join a company that's a lot more rewarding but shaky (no one could know that prior, but sometimes things change).

Well, I guess it will push you back one year plus the time it takes for a new LCA (which is around 6 months or so, depending on where you are. But you're not subject to the H1B cap). And keep in mind that the law says that you have to stay with your employer after you've received the GC for another 4 years. ....After 4 years you're save. So, if you anyway want to change the employer it's better to do it before GC.