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EB2 I-140 Approved - In 7th year of H1 - Need to move to another job - What to do?

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  • EB2 I-140 Approved - In 7th year of H1 - Need to move to another job - What to do?

    Here is my situation. Please send in your thoughts/suggestions/ideas...

    - I have an approved I-140 under EB2 category with a priority date of May 2008.
    - I am completing my 6th year on my H1 and entering my 7th year for company A.
    - I am getting a better irresistible job offer through Company B.

    Given the scenarios, what is the wise thing to do?

    Can I switch my H1 to Company B and also reapply labor followed by 140 through Company B [I am assuming there is no easy way to tranfer I-140 from A to B].

    Also, through Company B, I am getting a managerial role. Would that mean, will I be able to apply under EB1[understood, it is not that easy to determine by that one line..but..]

    Also,

    Comp A - my current comp is a consulting firm
    Comp B - My current client for which Comp A is a consultant. Does not have immigration related department or a law firm associated. They will have to find a new one. Let us assume for a second that I can participate in selecting the best firm, which of the following is a good scenario.

    Scenario 1) Is it a good idea to ask the law firm that Company A has been utilizing to continue doing the processing for Company B.

    Scenario 2) If I go for a new law firm, they will have to do my H1 transfer and EB2/EB1 processsing, will I still need old law firm's help in getting any paper work from them?

    Also, say if I apply EB1 and EB2 in parallel, god forbid - EB1 does not go through, will I still be fine with EB2 being processed in parallel?

    Any other thoughts...much appreciate your time and suggestions.

    Thanks!

  • #2
    I was in your shoes 15 years ago... however I told the firm (my client who wanted to hire me) to hold on for 6 months, as it was simply not worth going thru the entire process and most likely I would be out of time.

    I would not advice a move unless labor transfer is possible ( exact same job description ), in your case it does not seem to be so.

    Tred carefully a bird in the hand is worth 2 in the bush. You may end up with nothing and having to leave the country.

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