Receipt Notice for Form I-140 petition


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Hello all,


I am in a tricky situation.


I am a H1B visa holder. My 6th year is over in September 2015.

I am eligible for EB2 as I have over 9 years of experience and a BSc.


It was determined that the prevailing wage is above my current salary.

My employer is unwilling to pay the prevailing wage at the time I become a lawful resident and so has opted for EB3 classification.


I don't have faith that I will be employed for the next 3 years at this company. I was also informed by the lawyer that she almost didn't receive approval to proceed with EB3.  I foresee layoffs ahead. 


I have the I140 receipt but no I140 approval.

I485 has not been filed as the priority date for EB3 is not current.



1) What will happen if I restart the green card process with a new employer given that I have less than 1 year remaining on my H1B?


2) How much time would I have to spend outside the country assuming I started an EB2 process today?


Ultimately, like many of you I do not want to leave the US. I have a life here with the most wonderful girlfriend in the world and I want to continue living here. 




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