Suggestion Required on the Employment based GC Process

[ksr1979]

Hi Gurus/Experts

 

I need your advice.

 

here is my story:

 

- Have an I-140 approved from employer A with PD in Feb 2011.

- Joined with employer B an year ago and got my H1 extension until Oct 2016.

- USCIS recently reopend my I-140 application. No action taken from employer A.

- Employer B started GC process but during interviews found a qualified candidate. And they are doing the PERM process again. Not sure if it will work out next time or not.

 

My question is:

Scenario 1:

- Can i change back to to old employer A before USCIS takes any action on my I-140?

- Does employer A have to do the PERM and I-140 process again?

- Or is the old I-140 still valid (if no action taken from USCIS, i am thinking to join old employer in a month or so) and can we apply for i-485 when dates become current?

 

Scenario 2:

- In your experience, does USCIS directly sends a NOIR or asks for any further details from employer A before sending a NOIR?

- what happens if i join employer A after USCIS sends NOIR/approaches employer A for further details/documents? How much time is given to respond? Can employer A raise an MTR saying “employee is with the company” and asks for re-approval again? Is this possible?

 

Scenario 3:

- Is it safe to approach a complete new employer C and ask them to start the PERM process. I can join them as soon as the PERM is approved. Not complete future employment but a part of it. Becoz if i wait for another turn from employer B to see the PERM recuritment goes successful or not (next recruitment might happen in april/may 2015) i might loose time.

And that time if i approach/join Company C asking to do GC process, i might not have enought time for the GC Process (unable to file before 365 days of H1 expiry date which is ct 2016)

 

 

could you please suggest me which of the scenario’s are better. I really need a expertise advice like you.

I would like to take a decision based on that?

 

Thanks

KSR

[itsmeusa]

1. Possible. But make sure I-140 is still approved. Join back "A" only when H1b xfer is approved. This is the best case scenario.

2. Sending NOIR or NOID means USCIS is giving a petitioner a chance to substantiate the facts before USCIS takes final decision. NOIR / NOID is same as RFE, usually gives 30 days time to respond.

3. This is wishful thinking that employer C will start PERM etc. for you without you joining them. 

[pontevecchio]

Why not give the firm of Murthy a call, since you seem to be looking for legal guidance based on your situation.?.