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Continue with current employer OR go ahead with new employer??

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  • Continue with current employer OR go ahead with new employer??

    I am working for company X (large company) who will be submitting PERM by end of Feb for EB3 GC processing. My max out date is Mar 9th 2013. I got an offer from Company Y (boutique company) who has agreed to process my permanent residency under EB2 right away with the help of one of the 'leading attorneys'. I have couple of scenarios:

    Scenario 1 – continue with company X till I get I 140 approval and then join company Y. (I don’t think I can continue any longer with company x as they are making me travel coast to coast, but i would have to if required for GC) Couple of questions on this:

    1.Assuming PERM is cleared by end of May, can company X apply for I140 under premium processing? If no, how long would it take to process I140 under normal processing?

    2.If my case is picked for audit, can I get 1 year extensions with company X ONLY or with Company Y?

    Scenario 2 – Join company Y and kick off GC process. Few questions:

    3.Does Company Y need to wait to initiate job description finalization, prevailing wage request, advertising and recruitment till my joining date OR can they kick off these tasks right away?

    4.Assuming prevailing wage request is filed by Mar 4th, is the time reasonable enough time to get I140 approved in 12 months timeframe – assuming my case will not be selected for audit

    5.If Company Y finds another qualified US worker and if all qualified workers are offered a job, would Company Y still be able to apply for PERM for me?

    6.Assuming PERM is cleared by end of Aug, can company Y apply for I140 under premium processing? If no, how long would it take to process I140 under normal processing?

    Any insights on the above are much appreciated.

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