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  #1 (permalink)  
Old 02-26-2007, 12:44 PM
Member
Priority Date
:
Oct-05
Category
:
EB3
I140 Mailed Date
:
09/05/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
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Join Date: Mar 2006
Posts: 31
payal_nag is on a distinguished road
Question changing employers using 3 year extension after approved I-140

Hello All,

I have a few questions for the group. I have an approved labor and I-140 in EB3 category with a 2005 priority date. My 7th year H1 expires on May 11 2007 and my company has already filed for my 3 year H1 extension based on my approved I-140 which will be valid from May 2007 to May 2010. My questions are the following:
1) Can I change my employer and keep my 2005 priority date if the new employer also agrees to file a fresh PERM app and I-140 for me?
2) If I qualify for EB2 category, can my new employer file for I-140 in EB2 category and still maintain the old priority date?
3) Since my current visa is valid till May 11 2007 and new visa will be valid from May 12 2007, can i start work for a new employer in April 2007 based on my new 3 year H1 or do I have to wait till May 2007 to start work on the new visa?


Any help will be greatly appreciaited.

Thanks
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  #2 (permalink)  
Old 02-26-2007, 05:56 PM
Senior Member
Priority Date
:
Mar-04
Category
:
EB3
I140 Mailed Date
:
01/01/2006
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
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Join Date: Mar 2006
Posts: 816
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Default Yes

As far as I know, yes.

Your 3rd question is not correct. You will not get new visa until you get it stamped.
__________________
PD march 2004
1st 140 approved.
2nd 140 approved on Sep 5,2007.
(me and my spouse below)
485 - Filed on July 2,2007
485 - ND - Aug 08,2007
FP - Sep 06.
EAD - Oct 1st

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  #3 (permalink)  
Old 02-26-2007, 06:03 PM
Member
Priority Date
:
Oct-05
Category
:
EB3
I140 Mailed Date
:
09/05/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Mar 2006
Posts: 31
payal_nag is on a distinguished road
Default

Thank you for the response. I correct myself, I shouldn't say Visa. I mean Approval Notice. With the approval notice in hand which is effective May 2007, can I switch employers before that and get a transfer of H1 for the 3 years based on that or will I have to wait till May? Thanks!
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