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  #31  
Old 08-07-2015, 04:50 PM
neodyn55 neodyn55 is offline
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If I understand things right:

- October is when new visas are allocated, so September bulletin should give an indication of how the FY will proceed - whether there are going to be huge jumps in EB2/Eb3 or modest forward movements.

- October is when USCIS *might* put up the rule for comment - I don't think it's guaranteed that they will.

So in two months you should get some idea of what will happen.
Is this opportunity your dream job? If so, don't wait for immigration rules.
If this job is something you can find again a year from now, and your current situation is not oppressive, no harm in waiting a bit.

I had a similar decision to make - but I was switching jobs within the company and that would necessitate a new PERM - I have one pending that this would be withdrawn if so. However, the new opportunity is not my dream job. Neither is it impossible to find. So I'm OK waiting for a year.
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  #32  
Old 08-07-2015, 05:12 PM
NaCh007 NaCh007 is offline
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GC is my priority as I already made the mistake of not starting the process for it earlier.

So, its not at all about job now, but the only tempting factor is getting a 45% pay hike.
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  #33  
Old 08-07-2015, 06:08 PM
iamvoid iamvoid is offline
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Quote:
Originally Posted by NaCh007 View Post
GC is my priority as I already made the mistake of not starting the process for it earlier.

So, its not at all about job now, but the only tempting factor is getting a 45% pay hike.
GC should not be kept at very high priority.. they will come if you make right choice of employers and work.

for 45% pay hike, I will take the job provided they have the terms clear on GC processing.
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  #34  
Old 08-07-2015, 07:04 PM
neodyn55 neodyn55 is offline
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Quote:
Originally Posted by NaCh007 View Post
GC is my priority as I already made the mistake of not starting the process for it earlier.

So, its not at all about job now, but the only tempting factor is getting a 45% pay hike.
Well then your question is, can I get a 45% pay hike again next year by switching jobs on EAD?

If not, then change jobs now. $$ is king.

If yes, then wait.
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  #35  
Old 08-07-2015, 08:59 PM
NaCh007 NaCh007 is offline
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isn't EAD >> 45% hike?

but are we sure that EAD will be a reality by next year? If so, I dont want to change just for money.
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  #36  
Old 08-08-2015, 11:40 AM
iamvoid iamvoid is offline
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Quote:
Originally Posted by NaCh007 View Post
isn't EAD >> 45% hike?
Not really... but I guess it depends from person to person and can mean different to different people. i.e. how long it will take PD to be current, etc.

For me.. a stable employer is more important. 45% hike, sure I will take it.
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  #37  
Old 08-08-2015, 07:37 PM
neodyn55 neodyn55 is offline
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Quote:
Originally Posted by NaCh007 View Post
isn't EAD >> 45% hike?

but are we sure that EAD will be a reality by next year? If so, I dont want to change just for money.
Only you can decide that, based on your personal circumstances.

There's no guarantees of anything, but by the end of next year there's a good chance that I-140 will be portably, also PERM rules are being changed.

Another way to think about it is, if tomorrow you got an EAD, what would you do with it? Change jobs to the 45%+ position? If that's the *only* think you'll do then might as well change jobs now.
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  #38  
Old 08-08-2015, 08:03 PM
iamvoid iamvoid is offline
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Quote:
Originally Posted by neodyn55 View Post

Another way to think about it is, if tomorrow you got an EAD, what would you do with it? Change jobs to the 45%+ position? If that's the *only* think you'll do then might as well change jobs now.
The point is that he wants to feel secure about changing job and not restart perm.
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  #39  
Old 08-09-2015, 05:21 PM
NaCh007 NaCh007 is offline
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Quote:
Originally Posted by iamvoid View Post
The point is that he wants to feel secure about changing job and not restart perm.
True, lets say we restart the process and get a query then, the situation is jeopardized. So, if we are sure that by next June, I-140 EAD is a reality then, why to take the pain of restarting the whole process and have the uncertainty pinch in. I will also be moving out of my current company's comfort zone and will be moving to a new company which will also call in some challenges initially until I settle down.

On the other hand, I may not be able to get this kind of hike/opportunity in near future, so if it takes time to have the I 140 EAD rule, then I think I can take the risk.

Tough call/days for me guys!
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  #40  
Old 08-09-2015, 05:50 PM
iamvoid iamvoid is offline
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I would be first happy to know the rule where the employer cannot revoke 1-140 after an year of approval is active. After this I would not have problem moving out to new employer.
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  #41  
Old 08-09-2015, 09:46 PM
neodyn55 neodyn55 is offline
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Quote:
Originally Posted by NaCh007 View Post
True, lets say we restart the process and get a query then, the situation is jeopardized. So, if we are sure that by next June, I-140 EAD is a reality then, why to take the pain of restarting the whole process and have the uncertainty pinch in. I will also be moving out of my current company's comfort zone and will be moving to a new company which will also call in some challenges initially until I settle down.

On the other hand, I may not be able to get this kind of hike/opportunity in near future, so if it takes time to have the I 140 EAD rule, then I think I can take the risk.

Tough call/days for me guys!
Yup, stability vs. $$ is always a tough choice. You might be screwed either way, and I don't envy the choice. There are no right answers here, unfortunately.

You can only make a best guess on data that's available. Find out how many audits happen in your target company, and target field, check if your salary ranges are high enough, and figure out if it's really true that you won't be able to find this job again say in an year. Also keep in mind that after the EAD thing is passed, *everyone* gets EADs so you'll have a lot more competition for jobs like this from people picking the stable route, like you.

You'll have to do this with data. Make a spreadsheet or something, add scores, weighting ratios, and calculate points for each avenue. Once you have the data down, at least you can base your decision on concrete principles instead of gut feel.
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  #42  
Old 08-09-2015, 09:47 PM
neodyn55 neodyn55 is offline
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Quote:
Originally Posted by NaCh007 View Post
True, lets say we restart the process and get a query then, the situation is jeopardized. So, if we are sure that by next June, I-140 EAD is a reality then, why to take the pain of restarting the whole process and have the uncertainty pinch in. I will also be moving out of my current company's comfort zone and will be moving to a new company which will also call in some challenges initially until I settle down.

On the other hand, I may not be able to get this kind of hike/opportunity in near future, so if it takes time to have the I 140 EAD rule, then I think I can take the risk.

Tough call/days for me guys!
One other thing I forgot to note. You're not actually waiting on the I-140 EAD+AP rule, rather, you're only interested in the specific provision that previous employer's I-140s can be considered, assuming you spent a year with them after approval.
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  #43  
Old 08-10-2015, 12:47 AM
NaCh007 NaCh007 is offline
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Quote:
Originally Posted by neodyn55 View Post
Find out how many audits happen in your target company, and target field, check if your salary ranges are high enough, and figure out if it's really true that you won't be able to find this job again say in an year.
Is there an easy to find out online rather than to ask them. They usually outsource immigration matters and when I checked regarding the success rate, they said its 100%. I checked in myvisajobs.com and they have it as -

H1B Visa (2011-2014) Green Card (2011-2014)

1/9 0/1

1 lca is denied, and their salaries are over 100k.
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  #44  
Old 08-10-2015, 12:48 AM
NaCh007 NaCh007 is offline
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Quote:
Originally Posted by iamvoid View Post
I would be first happy to know the rule where the employer cannot revoke 1-140 after an year of approval is active. After this I would not have problem moving out to new employer.
I was not aware of this rule. What is the RIN associated with this? Can you plz share more info?
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  #45  
Old 08-10-2015, 10:05 AM
DMX17 DMX17 is offline
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DMX17 is just really nice DMX17 is just really nice DMX17 is just really nice DMX17 is just really nice DMX17 is just really nice
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Quote:
Originally Posted by neodyn55 View Post
One other thing I forgot to note. You're not actually waiting on the I-140 EAD+AP rule, rather, you're only interested in the specific provision that previous employer's I-140s can be considered, assuming you spent a year with them after approval.
Just to add that at this point we cannot be sure about this. I had asked this question in this thread:

Announcement of the report with skilled immigration fixes expected today at 3pm - Page 8 - Immigration Voice

Originally Posted by DMX17
I think this is one of the most important scenarios related to the I-140 EAD/AP rule.

Scenario:
- Employer A I-140 is approved let’s say in May 2015
- I resign now and join Employer B but the Employer A agrees to not revoke/cancel the I-140
- I-140 EAD/AP Rule is implemented let’s say in June 2016

Can I tell employer B that all they need to do now is an H1 transfer “just this one-time” and they do not have to start the GC process again since in June 2016 I own an approved I-140 albeit from my previous employer A?

If we can get some inside info on this scenario, this could potentially free up a lot of people now. I know it’s almost impossible to get this “assurance” however.

Response by hil3182:

Making any kind of assumptions about anything about anything other than "vanilla" I-140EAD+AP is dangerous.

When we have more info about the edge cases, we will release it (there is no real reason to keep it confidential), but make assumptions about it at your own peril.
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