Is it worth at this point in my Green Card

[harrydr]

Currently working for a company since 4 years and GC was filed with a PD of May1st, 2008. I-140 has been approved for over 2 years now.
Now i have a job offer paying me exactly $12,000 more form my current salary and better benefits but the lawyer will just transfer my H-1B and file the Green Card in the same EB2 category.

Is it worth to move over:

a) Just for the extra money and better benefits and take the risk of my dates being current in the coming months.
b) I can still capture my old PD to the new I-140.

The problem i'm having is to decide if it's worth it at this point in my GC. Or should i wait until i file my I-485 and then look for another opportunities. Please give your feedbacks. Thanks.

[krishmunn]

Currently working for a company since 4 years and GC was filed with a PD of May1st, 2008. I-140 has been approved for over 2 years now.
Now i have a job offer paying me exactly $12,000 more form my current salary and better benefits but the lawyer will just transfer my H-1B and file the Green Card in the same EB2 category.

Is it worth to move over:

a) Just for the extra money and better benefits and take the risk of my dates being current in the coming months.
b) I can still capture my old PD to the new I-140.

The problem i'm having is to decide if it's worth it at this point in my GC. Or should i wait until i file my I-485 and then look for another opportunities. Please give your feedbacks. Thanks.


a) It is unlikely that your PD will be current in another year -- may be more. Your new PERM and 140 should be approved by then

b) Yes you can capture your old PD

c) In this market, you should also check the stability of the company and your position.

[gc_mania_03]

Make sure your current employer will not invoke your I-140 and he will let you port your LC. I am not sure if they have any recourse to do either of the 2 things I mentioned above, but better to be informed of such scenarios.

[gc_when]

Make sure your current employer will not invoke your I-140 and he will let you port your LC. I am not sure if they have any recourse to do either of the 2 things I mentioned above, but better to be informed of such scenarios.
What will happen in case of previous employer revoke I-140 before filing/approve I-485 and after approval of new I-140 with old priority date?

[harrydr]

I hope my understanding is correct when i say below:

Since my I-140 has been approved, the PD is portable irrespective of the fact that my current employer revokes it or not. Also, i think the employers are legally bound by law to revoke the I-140 after the employee leaves. Friends please give you inputs. Thanks.

[ivgclive]

Currently working for a company since 4 years and GC was filed with a PD of May1st, 2008. I-140 has been approved for over 2 years now.
Now i have a job offer paying me exactly $12,000 more form my current salary and better benefits but the lawyer will just transfer my H-1B and file the Green Card in the same EB2 category.

Is it worth to move over:

a) Just for the extra money and better benefits and take the risk of my dates being current in the coming months.
b) I can still capture my old PD to the new I-140.

The problem i'm having is to decide if it's worth it at this point in my GC. Or should i wait until i file my I-485 and then look for another opportunities. Please give your feedbacks. Thanks.

If you have no issues on your current job, it is not worth. Your PD is close, you will get there in 2 years.

Moving to new company, stress in PERM, I-140 + yearly $7,000 extra (after tax) : It is not worth.

[gc_when]

I hope my understanding is correct when i say below:

Since my I-140 has been approved, the PD is portable irrespective of the fact that my current employer revokes it or not. Also, i think the employers are legally bound by law to revoke the I-140 after the employee leaves. Friends please give you inputs. Thanks.

Company may may not revoke as far as there balance sheet is strong they don't need to but an year back USCIS started looking in to this so small companies started old I-140 revoke due to weak balance sheet. As far as porting concerns, law is very confusing.. some time it works sometime doesn't and if officer is very knowledgable then he can show you another law which will not allow porting against ur argument (memo) for porting possible in case of I-140 revoke not due to fraud. I am not a lawyer bu this is what I got from different sites on this topic.
some of the links to read
http://immigrationvoice.org/forum/forum108-analysis-discussion/2303449-eb2-folks-with-pd-prior-to-1-1-2007-please-gather-here-2.html

olender/pham (http://www.olenderpham.com/immigration/business-immigration/employment-based-greencards/portability-I-140)

[harrydr]

Does anyone have experience working with Ellis Porter Immigration compnay?? They are the preffered attorney to be used by my new employer.

[krishmunn]

I hope my understanding is correct when i say below:

Since my I-140 has been approved, the PD is portable irrespective of the fact that my current employer revokes it or not. Also, i think the employers are legally bound by law to revoke the I-140 after the employee leaves. Friends please give you inputs. Thanks.

Per my understanding , employer is not legally bound to revoke 140. They are bound to revoke H1 (else employee can demand back pay).

However, your other understanding is correct. If the 140 is revoked, you can still port the PD.

[mach1343]

Currently working for a company since 4 years and GC was filed with a PD of May1st, 2008. I-140 has been approved for over 2 years now.
Now i have a job offer paying me exactly $12,000 more form my current salary and better benefits but the lawyer will just transfer my H-1B and file the Green Card in the same EB2 category.

Is it worth to move over:

a) Just for the extra money and better benefits and take the risk of my dates being current in the coming months.
b) I can still capture my old PD to the new I-140.

The problem i'm having is to decide if it's worth it at this point in my GC. Or should i wait until i file my I-485 and then look for another opportunities. Please give your feedbacks. Thanks.

Not worth it. Even your employer paying 30k less even then its worth it to stay where you are. Get your GC and get your freedom.

[Janakiram]

Hi Harrydr, I have been contemplating on the same topic for sometime now. I am looking for a change from my existing company and my pd is Nov of 2010 under eb2. More than the raise one is getting, important question to ask is whether one would be happier (based on your gut feeling) at the new place than at the current employer? If the answer is a clear Yes, go for it. That's what I am planning to do. Good Luck either ways. ~Ram

[stlouisguy]

I think its not good idea to change the job in this situation for matter of 12k unless it is very very important due to family or other reasons, if things are good you can get green card in a year or so

[idiamin]

I totally agree with Ram here. We have come to a point where our lives revolve around GC and it is making decisions for some of us. I would recommend to take a decision that is best for your career rather than waiting for GC and stagnating tour career for another 2 years.
2 year later, you should not end up in situation where you have the GC but you did not grow professionally enough to get decent offers outside.

I am in the same situation and started looking for jobs now (My PD is Nov 2008). My main reason is that I am not happy with my current assignment. Already feel I waited too long and stuck with old technologies.. etc. Money is one thing, professional growth is another.

Hi Harrydr, I have been contemplating on the same topic for sometime now. I am looking for a change from my existing company and my pd is Nov of 2010 under eb2. More than the raise one is getting, important question to ask is whether one would be happier (based on your gut feeling) at the new place than at the current employer? If the answer is a clear Yes, go for it. That's what I am planning to do. Good Luck either ways. ~Ram

[forgerator]

I agree with the rest of the forward thinking posters here. GC is one thing. Don't let it drag you down with respect to career choices. You worked hard all your life, and now you are offered a better position with much better salary. You deserve it.

Another option you have is to take this offer to your manager/director and negotiate with them. You have to present your case in a suitable manner. Make them aware that you are content with current company but that you're getting a much higher job offer which is tough to resist. Don't mention anything about GC otherwise current company can use it as leverage against you. And if they mention it, downplay it saying that new company will do GC anyway.

Bottom line, try to convince your current company that you would love to stay here and enjoy working here, but they should try to match the other company's offer or at least come somewhere close to it. I would say if they increase your salary by 8k, that is a good enough amount. There is a term which HR use, I believe it is called Equity adjustment . Basically a fancy term for pay raise :)