EB3 To EB2,New Employer

[sshrika@gmail.com]

Hi,

This is Srini and currently working as a Full time employee. My current company filed GC application in EB3 category and they are not willing to port it to EB-2. My I-140 has been approved with Priority Date Aug 2010. I have tried for the past 1 year to convince the current employer for EB2 but unable to. Now i am able to get hold of a employer who is willing to file the GC in EB2 category. I have couple questions and need your input on the same.

1. With the new employer I am moving back to Consulting(from FTE), Do you think is it too risky in the current market to move to consulting?(From Stamping perspective)

2. Is it too risky to join the new employer with H1B Receipt itself?

3. What do you think will be the best approach to follow in my scenario? Like, can i ask the new employer to start the GC processing and transfer my H1B after I-140 Approval(new company)?

4. Apart from Moving to consulting, I do not see any other way to file the GC in EB2.

5. What do you think the risks in transferring H1 to new employer and Porting the GC application to EB2?

FYI, The new employer is not completely a body shop....The consulting is only a part of it(May be less than 20% of their revenue). I have Bachelors+8 years of experience

Thanks for your time

Srini

[sshrika@gmail.com]

Dear Guru's,

Can anybody please respond to my questions ?

Thanks