Unique problem about H1-6 yrs and GC

[friend_in_NC]

Hello Friends,

I am currently facing a very unique situation. (at least that I what I think.

Background:
I was working for company A for a long time. Company A had filed for EB2/RIR in Sep, 2003. The labor application was approved in Oct,2005. Company A lost some projects and they had to lay me off in same month (Oct 05).

I was able to fine a new job with company B (Transferred H1 and field for GC again with company B in Nov, 05 as EB2/RIR). My 6th year on H1 is ending Dec '06 and company B is going to file for 7th year H1 extension in couple of weeks.

Now, company A has secured some good projects and wants me to join them. They still have the labor that they filed for me. Considering that it was EB2/RIR with priority date of Sep'03, is it wise to change back to original employer? Is it even possible for me to change considering my 6 yrs on H1 are ending in 3/4 months. I would not have worried about changing but the way 485 is retrogressed, I don't think company B priority date( Nov'05) will become current for another 3/4 years. Any thoughts on what are my options and the best way to go about? Appreciate your inputs in advance.

Regards,
"Frustated with GC applications"

[njdude26]

Originally Posted by friend_in_NC

Hello Friends,

I am currently facing a very unique situation. (at least that I what I think.

Background:
I was working for company A for a long time. Company A had filed for EB2/RIR in Sep, 2003. The labor application was approved in Oct,2005. Company A lost some projects and they had to lay me off in same month (Oct 05).

I was able to fine a new job with company B (Transferred H1 and field for GC again with company B in Nov, 05 as EB2/RIR). My 6th year on H1 is ending Dec '06 and company B is going to file for 7th year H1 extension in couple of weeks.

Now, company A has secured some good projects and wants me to join them. They still have the labor that they filed for me. Considering that it was EB2/RIR with priority date of Sep'03, is it wise to change back to original employer? Is it even possible for me to change considering my 6 yrs on H1 are ending in 3/4 months. I would not have worried about changing but the way 485 is retrogressed, I don't think company B priority date( Nov'05) will become current for another 3/4 years. Any thoughts on what are my options and the best way to go about? Appreciate your inputs in advance.

Regards,
"Frustated with GC applications"

All I can say is legally i dont see any problem going back to Company A..

[justAnotherFile]

From what you mention it appears moving to Company A is a good option for u.

EB2 PD is Jun 02 and there is a possibility that it can touch Sep 03 in the next year.

Also if you quicky file I-140 in premium processsing( in fact consult an attorney and do it right away), you may get it approved in a month or 2 and then be able to extend H1 for 3 years with Company A.

good luck and consult an attorney.

[MrWaitingGC]

Apply for extension in Company B. Once you get your extension Jump into Company A and start I140 Immediatley so that you get your approval within six months(NOTE: You cannot do premium processing of I140 for EB2 as of now). Then apply for extension of H1 for 3yrs and stay happily to get GC.

Please cross Check with attory of Company A that I am correct.

[shruthi07]

I-140 EB-2 Premium Processing available from Sep 25