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Backlog Processing Center Labor processing for those who applied before Mar 28

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Old 02-06-2007, 03:13 PM
cjgirish cjgirish is offline
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Default How to retain the priority date, when switching the jobs?

Hello All,
I am in a very sticky situation, my labor is pending @ PBEC with priority date of Jan'2004, which is Non-RIR and filed under EB3 category, based on which I have been getting incremental extensions of H1B (I am already in my 9th year by now). At present I am in the process of changing my filing type to RIR from TR and I was hoping to change the category too from EB3 to EB2, but my employers did not support me since they cannot pay the prevailing wage. I know I can still switch jobs, provided I transfer my H1B (which is valid till Jan’2008) and the new company files my GC immediately, so my questions to fellow victims of PBEC is
• How can I retain my old priority date?,
• Does the job descriptions filed with old labor have to match with job descriptions filed in PERM?
• It will be very tough, since I have almost 12+ yrs of exp in the industry, but my present employer is taking advantage of my situation and he is paying me peanuts, just because he does not want to pay me more, they have filed the papers as EB3. So while filing labor under EB2, can I still maintain my old priority date.

Please guys/gals help me out, I am not sure what to do, since I have already spent almost 3K$ on my GC and If I will be stuck with my employer at such low salary after my labor & I140 gets approved because of the retrogression it will be disaster. So I was thinking it would be better to be stuck with employer, who at least pays me decently and if I can retain my old dates it will awesome.

Regards,

CJG
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  #2  
Old 02-06-2007, 03:20 PM
jonty_11 jonty_11 is offline
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Default

u can retain PD only if u have Labor and I140 approved from Old Company.
When u file I-140 with new company - u dislcose intent to retain old PD as u submit copy of approved I-140 (u got with old Comapny)
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