2017: Came to US as L1 working for firm A
2017: started EB-1 GC process
2018: EB-1 I-140 approved, PD: 2018/07, not current at that time so cannot file I-485
2019: H1-B selected so transferring from L1 to H1-B, PD still not current
2020: Being laid off from firm A, PD still not current so joining firm B (H1-B transfer)
2021: started EB-2 GC process, PWD, recruitment test
2022/01: PERM filed
2022/09: PERM audit review
2023/01: PERM denied
2023/08: H1-B-expiration (6 Year H1-B + L1 max out)
Options:
Firm B lawyer want to do 3 things:
A) National Interest Waiver (could be quick if successful according to the lawyer)
B) Restart PERM (may be running out of time until H1-B expiration)
C) H1-B 1-Year Extension (I asked the lawyers if they could appeal the denied PERM first before applying H1-B 1-Year Extension, so the PERM status become “Pending” instead of “Denied”, also the 365-days rules applies (PERM was filed more than 365 days prior to H1-B expiration)
Other option I was thinking of:
D) Jump back to firm A and apply I-485 since firm A’s EB-1 I-140 PD is now current. May be too short of time before H1-B expiration, so maybe if A and B fails, but C succeeded, I will take this one extra Year to prepare going back to firm A and file I-485.