Need help with my case! Any advice/suggestions please?

[guitarchordz]

Hi all!

I have my MS in Computer Science from the US. I've been working with a Company here for the past 5 years, full time.

I have currently completed 4 years on my H1B visa. I will finish 5 years in October this year.

My current employer applied for my GC about 2 years ago. But I got an audit on it for the PERM stage and it got rejected because I had no prior experience. Last year, my employer made a stronger case for me and applied for GC again. I'm still waiting for PERM now and learned that I just got another audit on it. It will be about 3-4 months before I know if my PERM comes through I'm guessing. They were asking for employment verification...to see if my curent job role is significantly different from what I did earlier. By the way, employer is only going to file in EB3 for me.

My question is, I'm not sure if I should still stick on with this? Or, should I try to find a consultant company that can file for my GC in EB2. That way they can use my 5 years experience plus my Masters degree? Do I have enough time to make this change?

Please advice.
Thanks!

[shervin143]

The experience form teh current emploiyer will not be counted when they calculate the experince requied for the GC process. If you chnage employer now, the all the experience from the previous employer can be utilized. The PERM with the new employer should be filed 365 days prior to your 6th year end to be eligible for the 7th year H1B extension. If not, not PERM and I-140 should be approved for the new employer before the end of the 6th year to be eligible for the 7th year extension. So plan accordingly if you decide to switch employers. Since you have got 2 audits on your PERM, it is advisable to file the GC in EB3 and secure a priority date first and later port from EB3 to EB2. If you file in EB2 and if it goes into audit again or gets rejected, then you will be in trouble and will not be able to get the 7th year extension.

[guitarchordz]

The experience form teh current emploiyer will not be counted when they calculate the experince requied for the GC process. If you chnage employer now, the all the experience from the previous employer can be utilized. The PERM with the new employer should be filed 365 days prior to your 6th year end to be eligible for the 7th year H1B extension. If not, not PERM and I-140 should be approved for the new employer before the end of the 6th year to be eligible for the 7th year extension. So plan accordingly if you decide to switch employers. Since you have got 2 audits on your PERM, it is advisable to file the GC in EB3 and secure a priority date first and later port from EB3 to EB2. If you file in EB2 and if it goes into audit again or gets rejected, then you will be in trouble and will not be able to get the 7th year extension.

Thanks for the prompt response Shervin!
I totally get what you are saying. But here's what I'm thinking.

Honestly, I'm not confident I might get my PERM cleared in my 2nd GC case. The audit was for employment verification and there has been only 2 level changes in my job role. Same title since I joined. My employer says we have documents to show a significant change in the level changes. But again, I just have to hope it will come through there. It will take about 4 months atleast before I know any decision on my PERM. I know my GC case the first time was not strong. I'm not very hopeful my 2nd GC case is very strong either. Say if my PERM gets rejected the 2nd time, I'm not sure what options I'll have after that.

On the other hand, if I do join a consultant, my 5 years experience + my MS degree from the US should help boost my case, right? I was thinking of taking that chance if I have an opportunity.

I dont know. I've been really vexed about the whole thing.
Any suggestions/recommendations will be appreciated.
Thanks!

[shervin143]

Yes, that is an option. Masters in U.S with 5 years of experience will qualify you for a the GC process.

On the other hand, if I do join a consultant, my 5 years experience + my MS degree from the US should help boost my case, right? I was thinking of taking that chance if I have an opportunity.Thanks!