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Offline 2Confuse  
#1 Posted : Saturday, June 22, 2013 3:50:07 PM(UTC)
2Confuse

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Joined: 6/22/2013(UTC)
Posts: 4

Hi Amazon and fellow bloggers I need your help in making a crucial decision. My priority date is SEPTEMBER 2009 EB3ROW. I recently got a fulltime offer, where they are also willing to sponsor my green card. Do you think I should go for this offer or should I wait till my priority date is current.

With which option do you think I will get my green card faster. I am also eligible for EB2,so if I go with fulltime offer then I will have them to file in EB2 which is current.

Since I have read that there is a potential for EB3 ROW to retrogress, I am afraid if I turn the offer down that I will continue to be in the marathon wait. Just confuse about what to do.
Offline Amazon  
#2 Posted : Saturday, June 22, 2013 7:25:23 PM(UTC)
Amazon

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Here are the pros and cons:

1. Stay with current employer: We are currently calculating how far dates would move in EB3 ROW (since its going to be stalled for a while due to huge demand). It could be a while before it reaches Sept 2009 (unless DOS decides to make EB3ROW as Current for a month to build pipeline of cases in 2009 - 2013 - which has a very low probability)

2. Join new company: You can start GC process again in EB2 ROW. However you will be able to retain your old PD. You can also file I-140 and I-485 concurrently after PERM is approved.

Option 2 looks like the best option for you because:
(1) You can join the company working on fulltime basis (instead of working on contract basis)
(2) You can retain your old PD
(3) You can file I-140 and I-485 at same time
(4) There is no retrogression in EB2ROW so far (though there is small chance in 2014). Please see this: http://blog.mygcvisa.com...rediction-2013-2014.html

EB3ROW could retrogress or even move forward in Sept VB (if it gets spillovers from EB2). Please see this (scroll down to Jun 15 update): http://blog.mygcvisa.com...ulletin-predictions.html

I would suggest that do not simply look at these options as the fastest way to get GC. Also see if the new employer is a good fit for you. You havent mentioned about this. I am guessing you already work for this new employer (on contract basis).
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker
Offline Svitlana  
#3 Posted : Sunday, June 23, 2013 7:34:08 AM(UTC)
Svitlana

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Ukraine
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New recruitment will take about 3 months to complete.Labour certification processing time is 4 monts.So assuming you file I-140 as premium processing and everything goes without a hitch you may be able to file I-485 in 8 months.
In my case back in 2008 same process took more than a year and a half.So I would round up your new potential wait to a year, just relying on a law of averages.

My PD is very close to yours Nov2009 and I am "biting my nails" too about possibilities of it becoming current.
I even talked to lawyer about it.You probably know how they hate to speculale,but she told me in a year or possibly less,no guarantee of course.

Now there is another thing I am hoping for.If immigration bill goes trough in July it will increase amount of green cards available in 2014 for each EB category and also will exclude dependents from EB annual visa cap.This should at least double speed of PD progress in 2014 fiscal year.

I think you should at least wait few weeks and see how immigration reform shakes out.
Offline JohnK  
#4 Posted : Sunday, June 23, 2013 11:38:05 AM(UTC)
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You haven't mentioned which state the old and new employers are located in. Some states allow at-will employment. In case of any layoffs, you would also have to see whether you can go back to your old employer. The economy is much better than many years back, so this may not be important criteria.

@Svitlana - Senate is planning to pass CIR bill by July 4. However House has said that they would not be taking up Senate CIR bill. Hence I think it does not really matter if Senate passes their own bill in few weeks? What do you think? Confused
Offline Svitlana  
#5 Posted : Sunday, June 23, 2013 1:19:49 PM(UTC)
Svitlana

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John K,you are right no one knows if House and Senate bills will be reconciled and when.
From what I read general consensus seems to be if it happens at all than everything should transpire by summer recess, that starts on August 5th. I am aware it is serious case of wishful thinking on my part)))
If I were in OP's shoes I would probably stick with current employer simply because I would not want to be stuck in between employers while unable to file I-485 with any of them.
Would first employer want to support I-485 if OP no longer works for him? Would second employer agree to start process without H1-B transfer?
Do you think I have a point? )))
Offline JohnK  
#6 Posted : Sunday, June 23, 2013 2:59:22 PM(UTC)
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Originally Posted by: Svitlana Go to Quoted Post
John K,you are right no one knows if House and Senate bills will be reconciled and when.
From what I read general consensus seems to be if it happens at all than everything should transpire by summer recess, that starts on August 5th. I am aware it is serious case of wishful thinking on my part)))


Since Congress only have month of July to pass same CIR bill in Senate and in House (with tons of amendments still pending) it does not seem likely; especially with House Republicans not having a clear agenda on what to do (piecemeal or comprehensive) Think

Quote:

If I were in OP's shoes I would probably stick with current employer simply because I would not want to be stuck in between employers while unable to file I-485 with any of them.
Would first employer want to support I-485 if OP no longer works for him?


Good question. If he has left them after 3-4 years, the old company may not be keen. However if his old company is a consulting company (taking a % cut), they would probably be happy as long as they get money LOL

Quote:

Would second employer agree to start process without H1-B transfer?
Do you think I have a point? )))


That's another good point. Since he/she said that its a fulltime position, they would have to first file for H1 transfer before he can even start working. There is always a risk of H1 transfer not going through and then he/she would be stuck. Another option is to wait for H1 transfer to succeed and then join the new employer. This could take few months (unless you do premium processing).

Did the new employer said when they would start GC process? Some employers have a waiting period of 1 year. Current laws pretty much ties employee to their sponsoring employer. It becomes much harder for applicants from, say, India where waiting period is currently 10 years (and projected to be 50+ years for those applying in EB3 India in 2013). Their job titles even after 10 years (or more) should be the same as when they filed the PERM application.
Offline 2Confuse  
#7 Posted : Monday, June 24, 2013 4:01:45 PM(UTC)
2Confuse

Rank: Newbie

Joined: 6/22/2013(UTC)
Posts: 4

Originally Posted by: Amazon Go to Quoted Post
Here are the pros and cons:

1. Stay with current employer: We are currently calculating how far dates would move in EB3 ROW (since its going to be stalled for a while due to huge demand). It could be a while before it reaches Sept 2009 (unless DOS decides to make EB3ROW as Current for a month to build pipeline of cases in 2009 - 2013 - which has a very low probability)

2. Join new company: You can start GC process again in EB2 ROW. However you will be able to retain your old PD. You can also file I-140 and I-485 concurrently after PERM is approved.

Option 2 looks like the best option for you because:
(1) You can join the company working on fulltime basis (instead of working on contract basis)
(2) You can retain your old PD
(3) You can file I-140 and I-485 at same time
(4) There is no retrogression in EB2ROW so far (though there is small chance in 2014). Please see this: http://blog.mygcvisa.com...rediction-2013-2014.html

EB3ROW could retrogress or even move forward in Sept VB (if it gets spillovers from EB2). Please see this (scroll down to Jun 15 update): http://blog.mygcvisa.com...ulletin-predictions.html

I would suggest that do not simply look at these options as the fastest way to get GC. Also see if the new employer is a good fit for you. You havent mentioned about this. I am guessing you already work for this new employer (on contract basis).


Thanks Amazon...I have been working with this client for over 6 years as a contractor and now they want me to be fulltime with them. I am looking at option 2, but starting all over again is another headache if something goes wrong along the way.
Offline 2Confuse  
#8 Posted : Monday, June 24, 2013 4:09:16 PM(UTC)
2Confuse

Rank: Newbie

Joined: 6/22/2013(UTC)
Posts: 4

Originally Posted by: Svitlana Go to Quoted Post
I think you should at least wait few weeks and see how immigration reform shakes out.


I am very skeptical about immigration reform. However, I am also thinking that if EB3ROW does not retrogress I might be current within 8 months which is approximately the same amount of time it will take to start everything over. It's really a tough decision I have to make.
Offline 2Confuse  
#9 Posted : Monday, June 24, 2013 4:17:38 PM(UTC)
2Confuse

Rank: Newbie

Joined: 6/22/2013(UTC)
Posts: 4

Originally Posted by: JohnK Go to Quoted Post
Originally Posted by: Svitlana Go to Quoted Post
John K,you are right no one knows if House and Senate bills will be reconciled and when.
From what I read general consensus seems to be if it happens at all than everything should transpire by summer recess, that starts on August 5th. I am aware it is serious case of wishful thinking on my part)))


Since Congress only have month of July to pass same CIR bill in Senate and in House (with tons of amendments still pending) it does not seem likely; especially with House Republicans not having a clear agenda on what to do (piecemeal or comprehensive) Think

Quote:

If I were in OP's shoes I would probably stick with current employer simply because I would not want to be stuck in between employers while unable to file I-485 with any of them.
Would first employer want to support I-485 if OP no longer works for him?


Good question. If he has left them after 3-4 years, the old company may not be keen. However if his old company is a consulting company (taking a % cut), they would probably be happy as long as they get money LOL

Quote:

Would second employer agree to start process without H1-B transfer?
Do you think I have a point? )))


That's another good point. Since he/she said that its a fulltime position, they would have to first file for H1 transfer before he can even start working. There is always a risk of H1 transfer not going through and then he/she would be stuck. Another option is to wait for H1 transfer to succeed and then join the new employer. This could take few months (unless you do premium processing).

Did the new employer said when they would start GC process? Some employers have a waiting period of 1 year. Current laws pretty much ties employee to their sponsoring employer. It becomes much harder for applicants from, say, India where waiting period is currently 10 years (and projected to be 50+ years for those applying in EB3 India in 2013). Their job titles even after 10 years (or more) should be the same as when they filed the PERM application.


They want to start immediately. They did ask me about how long will it take for me to get green card should they start right away. I told them that for EB2ROW it should be fast because the category is current.(6-10 months)

Offline Amazon  
#10 Posted : Monday, June 24, 2013 6:31:04 PM(UTC)
Amazon

Rank: Senior Member

Joined: 5/31/2013(UTC)
Posts: 591

Thanks: 2 times
Was thanked: 96 time(s) in 78 post(s)
I have seen this situation before. Since you have been working for them for 6 years, they did a cost benefit analysis and found out that it would be cheaper for them to hire you full time instead of paying your company a higher rate for the same work from you.

You have three options:

1. Change employers: This means starting GC process again, transferring H1.

2. Stay with current employer (EB3 ROW) and wait for PD to be current.

3. Stay with current employer and upgrade to EB2ROW. The time to do that is nearly same as # 2.

Overall it seems that #1, 2 and 3 would take about the same time. But # 1 could be little risky due to starting everything from scratch. This includes H1 transfer (since H1 transfer actually means filing a new H1 application with new employer, but you are not limited to annual cap).

Ask yourself that if you already had GC with you, would you still move to new employer? If that is the career path you want, then go for option # 1. If you prefer to work at different companies on contract or not take any risk #2 would be the easiest. Remember its only a matter of waiting for few more months for PD to be current.
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker
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