Future Empoyment based GC

[chiru27]

Guys, i am on H1-B 4 year 4 months and having full time position with company A. All good except they are not ready to do file GC as they are having some layoffs in other groups (company is huge) in IT. They are giving me option that i can work with any preferred vendor to this company A and continue as contractor as they are expecting more layoffs. Please advice which one is best from below options
(Note, i started my future employment GC in EB3 PERM via a seperate Desi vendor B and they are going to start recruitment next month)

1) Continue in company A as contractor by transfering my H1-B to Company B?
Pros - Since company B already started my recruitment process, i can get labor and probably I-140 too by next year and my h1-b will get extended there on.
Cons - Contracting is always less secure.


2) Continue in company A only as full time employee and keep running future employment via company B. once 1-140, AS 121 got approved (hopefully before my h1-b expires which is before oct'10), use them to get 3 year H1-B extension in company A (is this possible?) and keep running future employment via company B (i will keep paying money to this guy as got a flat rate of 10K for everything until getting EAD) and get EAD and can still work to company A. Is this possible??

Kindly advice.

[txh1b]

2 is possible except the part of paying for a job and GC processing. Future employment GC requires that you work for the company after the approval of GC.

During the I140, if there is a question about ability to pay, it would be easier if you are working for them and getting paid as per the LC wages or more.

EB3 will take a lifetime for approval and based on current conditions, the approval of labor itself will be tough.