Need help with my GC process


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Hi Gurus,

I have my LC and I-140 (EB2) approved through my ex-employer with a priority date of October, 2007.

Unfortunately, my H1B extension was denied earlier this year with my ex and I changed employers a few months back. I got my H1B extension approved through a new employer, went to India, got my visa stamped and I am back in US working for the new employer.

Since the EB2 priority dates are showing good traction, I want to switch back to my ex-employer and continue my GC process as my priority date can be current anytime soon.

Is this a good idea given that my H1B extension was denied with my ex-employer? The reason for denial is that my ex employer was unable to prove the employer-employee relationship satisfactorily though I worked for him for more than 4 years. Also, I suspect a goof up by our immigration attorney while responding to my H1B RFE.

My current employer has initiated the PERM process and is trying to port my old PD. Given the slow trickling of prevailing wage information and the forward movement of EB2 dates, I am not sure what will be a wise decision at this time.

Please provide your comments/suggestions so that I can make a correct decision. I am also planning to talk to attorneys at Murthy soon.

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