Wierd Situation! Please help!

[akrkap]

Dear Members,

I will appreciate if you can provide your recommendation on what direction I should be taking.

Company A filed my LC (RIR, EB3 , June 2002). This got approved July 27th, 2006 after an earlier RFE ( about proving my experience and company necessity)
Earlier, I have left Company A on July 10th (2 weeks proior to getting Labor approved) and have joined company B in good terms.

Company B, filed my LC, now in EB2 category, on July 1st. I am waiting for the decision PERM application decision.

I want to know if it is recommended to go back to company A since I now have the LC approved eventough:

1) Company A had EB3 Approved from 2002, but Company B applied for EB2 PERM. I am from India, does the date really matter if I take up company B.
2) I had got an RFE earlier for Company A on LC about proving my experience related to Job and company necessasity to get a position. Company A has only 16 employees in the company. Is this a RED sign for I-140 and 485 stage?
3) My H1B 6th Year will expire in Dec 2007, so I want to make sure I take the right decision.
4) Company B has about 75 employees and I am a little confident with them. However, with company A, like I said there are only 16 employees. They are not progressing along that well when compared to company B

I will appreciate if any recommendations are provided. I understand, I may need to consult with an attorney but still for my personal confidence, I will appreciate if you guys can provide your feedback.

Raj

 

[Sanghamitra]

Disclaimer: I'm not a lawyer, ask one for confirmation.

Its possible to use your priority date from Company A for PERM application from company B if both agree. You may want to explore this angle. With EB3, who knows how long a 2006 priority date will take to pass the 485 stage, 2002 definitley sounds better, but you do have to consider other factors associated with company A.

 

[akrkap]

Thanks for the prompt reply. I thik I made a type before.

With company B, I have an EB2 application filed for July, 2006 PERM application. Whereas with Comapny A, I have EB3, RIR, June 2002

Both the companies do not agree for transfer. I have to choose one.

Any suggestions will really be appreciated.

Raj

Disclaimer: I'm not a lawyer, ask one for confirmation.

Its possible to use your priority date from Company A for PERM application from company B if both agree. You may want to explore this angle. With EB3, who knows how long a 2006 priority date will take to pass the 485 stage, 2002 definitley sounds better, but you do have to consider other factors associated with company A.