Applying EB2 & EB3 With Same Employer ?

[gopinathreddy.d]

Hi all,

         My labor got denied on June 2013 and my employer was not willing to  disclose the reasons so I changed my employer on Nov 2013.In early days when i came to US, my employer haven't run my payroll for 6 months.From 7 th month there were no gaps in my payroll.

 

Now i am trying to apply in EB2 through new employer so i have to show my previous experience.

But the issue is my previous employer is not giving experience letters from day one when i entered US, instead from 7 th month and my current employer is asking experience letters from day one.

 

1. what are the consequences when I apply under EB2 and include my previous experience start Date as from Day one when i entered US & what  if it is from 7th month (i.e when i started my payroll) ?

 

2.At what point i should face the consequences and how should i resolve it ?

 

3. or i have to apply under EB3 in which  not mandatory to show my previous experience  ? 

 

4.Can I apply EB2 & Eb3 with same employer with gap of 3+ months or i have to find another ?

 

5..If i apply EB2 and I - 140 got  approval,but 485 was rejected....is I-140 still valid or have to leave US.

 

6.If i apply EB2 and EB3 with same or other company and I - 140 got  approval  in both cases....,but 485 was rejected under EB2 ...is EB3  still be valid ?

 

Please Reply.... if anyone gone through this situation and got resolved.  

Thank You In Advance.

[rahul412]

In early days when i came to US, my employer haven't run my payroll for 6 months.From 7 th month there were no gaps in my payroll.

 

Forget about your GC, you were out of status for 6 months and this a serious issue. You  need to file a complaint against that FRAUD employer so that you will be safe, if not no one can help you out.

[t75]

Filing against the employer after many years when you cooperated in the fraudulent activity sop that you could remain in the US does not work in your favor. Had you filed immediately, you would have received payment for time on bench.  If you were not working, how were you getting experience?