Eb3 Labor Approved: Save 1 year in PD (file 140 -Jump to Old Emp)? Eb2 labor pending currently


dream16

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Guys,

 

Please help on this highly urgent and risky situation:

 

Goal: Here is to save my PD of Sep 2012. Overall i will save 13 months of PD if it all works !

 

1. My previous old american employer filed eb3 labor in Sep 2012 and it finally got approved in Dec 2013 after we got an audit and then initially it was rejected and after a successful appeal, the DOL approved the eb3 labor.

 

Now old american employer wants me to jump back to them on their w2 and h1 and they will allow me to file 140 under PP at my costs and are OK with me leaving them after 6 months and will NOT revoke my 140. 

 

Please note: my clock to join old american employer to file 140 expires in June 2014 as labor remains active for 6 months only)

 

2. My current employer filed eb2 labor (Done american masters by this time + 4 years american work exp) in Nov 2013 and it's currently pending. 

 

Situation: ( i have 3 years left on h1)

 

I am on bench right now and my h1 expiring in 2 months. I need new job (all letters etc) with new client and of-course h1b amendment to continue to work with current employer on my h1 extension.

 

I know that i can jump to old employer & can easily get h1b transfer done (note they have direct client --> no vendor in between) and file my 140 PP and get it approved in 15 days. Then work for them 6 months and jump back to current employer and file for 140 here in the assumed-approved eb2 labor and then once this 140 gets approved, i can have old employer eb3 approved 140 ported to this newly approved eb2 140 and retain my magical old "SEP 2012" Priority date.

 

Risks:

 

1. Chances of getting query/audit/issues on filing 140 under Eb3 with old american employer?

 

2. If my old american employer 140 gets stuck, what options am i left with? 

 

3. If i get 140 approved within a month and then somehow loose that job, can my PD still be saved even if old american employer revokes my 140?

 

4.Or does 140 have to be un-touched and alive for at least 6 months before any employer can cause it any harm by revoking etc and killing the employee's priority date?

 

5. What if my current eb2 labor goes under audit ? Then, i will be stuck for a minimum 1 year waiting period and eventually would have to jump to old employer?

 

6. But by what time will i come to know about my current eb2 labor (started nov 2013) if it goes under audit or not?

 

Best approach: Old American employer clearly said NO when i asked them to be vendor in b/w and process my 140. They want me to be on their h1 to do that :(

 

Rewards:

 

1. After 2 h1b PP ($2550) expenses, i will save 13 months of time in Priority Date (PD): this may equal to saving 2.5 years in waiting time.

 

Thank you everyone for helping out.

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I would strongly urge you to consider discussing the issue with the firm of Murthy or any of your choice. If your current employer cannot pay you in H1 status it begs the question how their GC petition will be approved? Why will the old company not let you join them on a "permanent" basis and why the 6 months you specify? All employers here are American employers.

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I would strongly urge you to consider discussing the issue with the firm of Murthy or any of your choice. If your current employer cannot pay you in H1 status it begs the question how their GC petition will be approved? Why will the old company not let you join them on a "permanent" basis and why the 6 months you specify? All employers here are American employers.

 

you failed to understand the whole point ! i am getting paid on bench with desi consulting, the reason i mentioned american employer is because it is NOT desi consulting firm. The old company is a STAFFING FIRM and i will never do the mistake of joining them permanently, 6 months is what THEY specified ..NOT ME....i hope you understand the scenario now

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