is it worth waiting or should I go to India.EB2 badly conjested

[ramreddy]

I am on H1 w/ valid EAD . Got my labor and 140 in 05 and recently renewed by EAD.
There are 2 situations, to my case , though I am not sure how unique or otherwise they are :
-- My Immigration Labor petition promised me some $20K more than what I had made 05-09 period.
Far as I can see, GC Is prospective. This was for a Managerial level position to which I was planning to advance and will probably do so. So the position I am working in now and the prospective GC position as indicated in the labor are different.
- I left my sponsoring company briefly since my US client placed me in UK , where the payroll had to run directly and not through my company .So for 07 there was no W2 and income. 08 there is just income for last 5 months and it was lower that all prev years
-now I want to go back to India in 2010 Jan . and work from there for sometime. There will be no US income .

Right now EB2 is stagnating and never moved up since last 3 months .
I want to know given the above history

-- is there serious possibility of GC reject based on your wise exp
--- can I stay in India and when my category becomes current the gc is mailed back to me in India ?>

PL let me know what my options are .....and the best path
Wish you happy new year
Best
Ram

[go_guy123]

I am on H1 w/ valid EAD . Got my labor and 140 in 05 and recently renewed by EAD.
There are 2 situations, to my case , though I am not sure how unique or otherwise they are :
-- My Immigration Labor petition promised me some $20K more than what I had made 05-09 period.
Far as I can see, GC Is prospective. This was for a Managerial level position to which I was planning to advance and will probably do so. So the position I am working in now and the prospective GC position as indicated in the labor are different.
- I left my sponsoring company briefly since my US client placed me in UK , where the payroll had to run directly and not through my company .So for 07 there was no W2 and income. 08 there is just income for last 5 months and it was lower that all prev years
-now I want to go back to India in 2010 Jan . and work from there for sometime. There will be no US income .

Right now EB2 is stagnating and never moved up since last 3 months .
I want to know given the above history

-- is there serious possibility of GC reject based on your wise exp
--- can I stay in India and when my category becomes current the gc is mailed back to me in India ?>

PL let me know what my options are .....and the best path
Wish you happy new year
Best
Ram


Hi ramreddy

If you can explore an option of working in UK (if you are interested in outside India oppotunities, otherwise India is better) . I would suggest trying that as it would give you greater career flexibility. Job change and perm residency etc is not tied to a single employer in UK rules. H1B to GC on the long run will hold you back professionally based on my observation of people who went to US and UK.

EB2/3 for India is pretty much closed with no solution in the near future. So you need to explore other options.

[ramreddy]

Hi
Greetings for the new year.
I guess I was trying to find out , this . I am past 140 stage. Next will be my 485 evaluation.
I don't know how USCIS looks at your 485 applications and what factors in .
In that context , I was trying to find out if :
-- Your pay is lower than what was prospective in the labor immigration certification
does it matter. Ideally GC is a prospective thing , and the ability of the employer to pay the petitioner is viewed at the 140 stage.So if your current role and future GC role are different , and you get different pay amounts , will that cause problems in 485 ... RFI's or whatever that is called..?
-- You left the employer to work out of USA ( e.g. I went to UK) and returned back again .
--- The EB2 Line is too long. You keep working in USA for sometime but then want to go back to India and start something of your own.Which you do .
So for last 2 situations there will be no W2. If in future , the EB2 line becomes current are you reqd to be in US or, your GC will still be successfully processed and they can send your GC in india
For the time I am in US I have been employed and gotten my stubs.
So in light of the above 3 , are there serious issues of the GC being rejected at 485 ( though technically there is supposed to be no reason ) stage for some flimsy ground - by and large or things will be smooth after 140 stage.
Of course , you can answer black ad white , but what has been the experience of our friends with their 485 application..? what is considered a serious problem for a 485 application that comes out of EB2
many thanks
Ram