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I am currently working for Company A and I am on H1B Visa. I am in US since 2007. I was working with another company B from August 2007 to November 2012. Company B filed my PERM in 2011 in EB3 category as I didn't meet the EB2 requirements. I was working as a contractor in Company A from Feb 2010 to November 2012 with Company B as my employer. I was not happy with the EB3 category so I started studying Master of Computing and Information Sciences in Jan 2012. I was thinking to convert from EB3 to EB2 after completing my Master Degree. I do have an approved I140 from previous employer Company B.
But in November 2012, Company A wanted me to roll-over as a full-time employee. With my ongoing Master degree, I had to take the full time position with company A. They transferred my H1B based on approved I140 from my previous employer and agreed upon to file the PERM in EB2 after completion of my Master Degree, with a risk that USCIS may argue about the eligibility of EB2 due the fact, that I will be earning my Master Degree while I am a Company A employee. The fact of the risk is whatever earned with your current employer does not count in PERM. Now I just completed my Master Degree but based on risk assessment, Company A is skeptical to file in EB2 and insisting me to file in EB3. But still the decision is solely on me.
If my I-140 gets rejected based on the risk, then according to the legal, they will have to start all over again in EB3 and I may have to leave the country for some time. What is your opinion on this?
Any help is appreciated.
Thanks & Regards,
ChiragR
But in November 2012, Company A wanted me to roll-over as a full-time employee. With my ongoing Master degree, I had to take the full time position with company A. They transferred my H1B based on approved I140 from my previous employer and agreed upon to file the PERM in EB2 after completion of my Master Degree, with a risk that USCIS may argue about the eligibility of EB2 due the fact, that I will be earning my Master Degree while I am a Company A employee. The fact of the risk is whatever earned with your current employer does not count in PERM. Now I just completed my Master Degree but based on risk assessment, Company A is skeptical to file in EB2 and insisting me to file in EB3. But still the decision is solely on me.
If my I-140 gets rejected based on the risk, then according to the legal, they will have to start all over again in EB3 and I may have to leave the country for some time. What is your opinion on this?
Any help is appreciated.
Thanks & Regards,
ChiragR
