Posted by: nagarikreport May 11, 2011
Mero Pravachan on Immigration Law
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Delicate (are you as soft as your name?)

I've a FT job with company A and have sponsored my GC under EB3ROW with PD of April, 2010. I've already worked over 5 yrs with company A. Company B (which is consulting and direct vendor for the client) is willing to apply me under EB2ROW (as the client requires the job candidate with 5 yrs experience). So, my questions are:

1) How safe/risks is it if I decide to move on to consulting leaving behind my FT position considering that the consulting company is a startup company?
Your PD to be current (so that you can file for GC) with company A will take approx 8 years, unless you get blessings of lord pashupatinath. It's your choice to suck up for 8-9 years for this sucker company.

With EB2, Nepal is almost always current. They file for PERM (6 months). Subseuently, you can file for I-140/I-1765/I-485/I-131 without sucking up for years.

2) If my either PERM or I140 don't get approved, will I still be able to retain my GC process for EB3ROW with the PD of April, 2010?


Nothing will happen to your approved LC/I-140  from company A unless the sponsoring company A withdraws it.  

Best alternative: Continue working with company A and ask for company B to file for PERM. Once it is approved, look into their tax returns.  They need to establish ability to pay which can be done in three ways.  If you determine they are qualified, ask them to file for I-140/I-1485/I-765/I-131 which will give you green card and after you get green card, you can join company B.  Don't forget, always maintain your non immigrant staus until you get your GC in hand.
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