Please advice. I have ONE day to decide

[rangeela]

Please advice me and sorry for my posting being so long. I have only one day to decide so please read on and give me advice.

I am working in company A (very big company) as a consultant through consulting company B. I have Labor and I-140 approved through B (EB3 worldwide category). I was not able to file I-485 due to retrogression for the last 2 years.


I have been working in company A for 2 years and my contract is going to expire on 6/15/2007 (this Friday). As per company A policy, my contract can not be extended beyond 2 years.

I also have a very excellent job offer from company A with very good salary, nice benefits and a very senior level position. Company A has also agreed to file GC in EB2 worldwide category. The H1-B transfer has been applied and receipt notice has also been received. My start date with company A is 6/15/2007 (this Friday)

All of a sudden, the date became current in July bulletin and now I can file I-485 from company B. That means I have to turn down the job offer from Company A and since the contract can not be extended beyond 2 years, have to quit company A and find another job or sit in bench (I don't know if company B will pay for bench time).

What do you guys suggest I should do?

If I stay with company B, I can file I-485, but loose a nice job at company A, and possibly long bench time and/or I don't know what else!!!

If I join company A, will I loose the opportunity to file I-485? They say they will file ASAP in EB2.

Is it possible that I join company A and still be able to continue with my GC on company B?

Is it a big risk to join company A and restart the GC process?

What are my options? Please suggest soon, I have only one day 6/14/2007 to decide. I have heard that if I join company A even for 1 day on their H1, my H1 from company B will become ineffective.

Thanks for responding....Sorry again for posting such a long story...

[venkygct]

One of my friend was also in the same situation last month. But fortunately the previous consultant company agreed to continue the process. Now he is working for the new company.

Talk to your current company and your attorney for more information.

[himu73]

I485 filing might be one the most important steps right now:
Pros:
1.After 6 months anyway you can change employer, so you can come back to "A" or anyway find any X,Y,Z
2. You dont no man. Dates are supposed to retrogede by years once the Vis numbers are filled. You might not get this chance for a long time.
3. Your wife can work.Children get better tution rates in universities.

Cons:
1. If you swith to A, you can still get Laid off and be out of status.


This is not a legal advice. Sit with your lawyer once to understand the legalities.

[mbartosik]

File the I485 with company B.
Work on transferred H1B for company A.

Now if company B is a small company, come to an arrangement with them, not to withdraw the I140 for six months (after 6 months they cannot withdrawn). It sucks I know.

If they do a lot of business with company A, then company A managers might be able to lean on company B to play ball.
I once saw a manager threaten a consulting company with sacking everyone from that company if they didn't do right by the staff - and it worked.

Alternatively, speak to managers at company A.
Offer to sign a contract agreeing to start with them on Jan 1 2008.
Or ask to wait until they have the approved H1B (not just the receipt notice), that will delay by 3 or 4 months -- afterall what if the transfer was disapproved (I know it won't be, but that's an arguement that HR might understand).

If company B benches you but does not pay, document this clearly and then report to DoL (6 months after filing I485). DoL may even get you your missing pay.

[saurav_4096]

Originally Posted by venkygct

One of my friend was also in the same situation last month. But fortunately the previous consultant company agreed to continue the process. Now he is working for the new company.

Talk to your current company and your attorney for more information.

How can he file I-485 from previous company as he has moved to new company ?
I do not think this is possible.

Saurav

[franklin]

Your new job offer is EB2 and you are ROW?

That is a HUGE difference, though. EB2 ROW has been current for some time, so its unlikely to get delved into retrogression

[buehler]

EB-2 ROW is highly unlikely to retrogress. Even if it retrogresses, you wouldn't have to wait long. So I would suggest you change jobs.

[eb3India]

dude I know you must be pulling your hair, remember you are from ROW there is good chance that it won't retrogress, take the offer join the new company apply new perm labour and it will be done in couple of months and you will be filing I485 before october,

everything is going to be alright, don't worry toomuch about green card

[breddy2000]

Originally Posted by rangeela

Please advice me and sorry for my posting being so long. I have only one day to decide so please read on and give me advice.

I am working in company A (very big company) as a consultant through consulting company B. I have Labor and I-140 approved through B (EB3 worldwide category). I was not able to file I-485 due to retrogression for the last 2 years.


I have been working in company A for 2 years and my contract is going to expire on 6/15/2007 (this Friday). As per company A policy, my contract can not be extended beyond 2 years.

I also have a very excellent job offer from company A with very good salary, nice benefits and a very senior level position. Company A has also agreed to file GC in EB2 worldwide category. The H1-B transfer has been applied and receipt notice has also been received. My start date with company A is 6/15/2007 (this Friday)

All of a sudden, the date became current in July bulletin and now I can file I-485 from company B. That means I have to turn down the job offer from Company A and since the contract can not be extended beyond 2 years, have to quit company A and find another job or sit in bench (I don't know if company B will pay for bench time).

What do you guys suggest I should do?

If I stay with company B, I can file I-485, but loose a nice job at company A, and possibly long bench time and/or I don't know what else!!!

If I join company A, will I loose the opportunity to file I-485? They say they will file ASAP in EB2.

Is it possible that I join company A and still be able to continue with my GC on company B?

Is it a big risk to join company A and restart the GC process?

What are my options? Please suggest soon, I have only one day 6/14/2007 to decide. I have heard that if I join company A even for 1 day on their H1, my H1 from company B will become ineffective.

Thanks for responding....Sorry again for posting such a long story...

I would hold on to my offer and tell them I would join in Second week of July as Labor Subsitution is getting ended.

Later I wud join Company A and port my old priority date. Now a days it takes only couple of weeks to get labor cleared if you are lucky...

Hope this helps....

Beat 2 birds at one shot.

[Kodi]

Even EB2 ROW is backlog in the Atlanta office so if your PERM is going to Chicago then you'll have it approved fast but if its Atlanta be prepared to wait a long time.

[sabgau]

I am in the exact same situation as you are , I have waited for this job with company B since a very long time and now when I have it the dates are current and I can only file I-485 with company A . This is such a dilemma, I am looking for some way out too.

[arunkotte]

You can find another nice Job anytime but you cannot say anything about retrogression. Go for I 485. and if you can convince your consulting company to continue your I 485 , you can have both.

[ss1026]

Since you ROW and would get a EB-2 and would be able to port your 2-year old EB-3 (since you have a approved I-140), I see very little risk in joining the new company. All you would have to do is apply for a new perm labor which might be about a 6-month wait and then you would be able to apply for concurrent I-140 and I-485.

[rangeela]

Thanks all for your valuable suggestions. I still have not decided what I will do.

I am inclined to accept offer from Company A and restart GC process and keep my fingers crossed. Hope EB2 ROW will not be affected, it had never retrogressed in the past.

Thanks again

[mbartosik]

I didn't think about EB2 ROW when I replied.
Yes, take the good job. EB2 ROW is unlikely to retrogress.
The biggest risk is if CIR delays it for us.

Also try and get a copy of the old I140 from contract company.
If they don't use it or cancel it then you might even be able to keep the priority date.