H1B 6 Year and EB3/EB2 Application - Between Company A and Company B

[Gopinathbabji]

Dear Sir / Madam / Experts,

I am currently working in called Company A (Since 6 months) and I am Entering in March 2012 the 6 year of H1B period. GC is not yet started in Company A.

I have EB3 approved I-140 from Company B (Priority Date Nov 2010).

I have EB2 approved Labor from Company C (2008 Jan Date).

Due to Bad Market conditions, I have pulled from contract positions into Full Time position in company A.

Company A: Message me that, they are not going to apply GC. Looks like I needs to head back to INDIA sometime in March 2013.

I have been admired and like to stay few more years in the USA. I came to know the Murthy Forums, Greatly helps members/users/reads your comments & assist into a Good directions for them.

Well, I communicated to Company B (Which they have EB3 approved I-140), and requested for EB2 application submission. They said, they are not sure about successful in EB2 application submission. Could be because of, future employment condition of an EB2 application submission.

Question1: What would be my options to stay back in USA itself after the my 6 year? Should I needs to head back Company B and get the 3 years of H1B extension by using I-140?

Question 2: Can we use 2008 Jan EB2 Labor (Company C Labor of EB2) to capture Priority dates, by using my EB3 approved I-140 from Company B?

If I apply new EB2 application from Company A or D, Can we capture Priority date of Jan 2008?

It helps us to get my EAD card a bit quicker. And my Spouse can also work in the USA by using EAD. Please recommend us your suggestions on this question.

Question 3: If no one applied any GC initiation in 2012, Can company A can apply extension of another 3 years since I have I-140 from Company B?

Please assist me your suggestions or recommendations. I hope your answers, might helps me as well as many of others reads/users.

Kindly, Please reply me..

You have a Great Day!

God Bless you..

Thanking You,

Bab.Verizon@gmail.com

[pontevecchio]

Approved PERM is immaterial if you do not have an approved I-140 based on this approved Labor/perm. Based on an y approved I-140 you are allowed 3 year H1 extensions.with any employer.