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  #1 (permalink)  
Old 03-11-2008, 12:18 AM
Member
Priority Date
:
Aug-05
Category
:
EB2
I140 Mailed Date
:
10/11/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/15/2007
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Join Date: Jul 2007
Posts: 33
rajivkane is on a distinguished road
Default Wait time after I-140 APPROVAL

Hi!

I have filed I-485 in July'2007 based on approved I-140(EB2) of october'2005.

I have another labor approved(same company)EB3- october'2003. Company lawyer has filed I-485 based on EB2 & concurrent filling of I-140 for EB3- stating that the prioriy date of EB-3 will be applied to EB2 if it is approved.

The questios is- do i need to stick to my company for 6 months after approval of I-140 also? I am already more than 6 months with my company after the I-485 is applied. I already have my EAD- how good it to use AC21 & go to a better company? Does the other company need to support remaining GC process?

Thanks
Raj
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  #2 (permalink)  
Old 03-11-2008, 12:20 AM
Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
07/23/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/23/2007
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Join Date: Jul 2007
Posts: 64
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Nope, You don't need to wait any longer. Time is 180 days after you file it. You are good to go now.
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  #3 (permalink)  
Old 03-11-2008, 09:08 AM
Member
Priority Date
:
Aug-05
Category
:
EB2
I140 Mailed Date
:
10/11/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/15/2007
Compare
Join Date: Jul 2007
Posts: 33
rajivkane is on a distinguished road
Default

Hi!

What about the concurrently filed I-140(eb-3)? Do not I need to wait till it gets approved? Am I required to stay for six months after this is approved? If I leave now they may withdraw I-140.

Thanks,
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  #4 (permalink)  
Old 03-11-2008, 10:59 AM
Senior Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
08/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
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Join Date: May 2007
Posts: 557
hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute hpandey has a reputation beyond repute
Default In that case EB-3 I-140 would be lost

Quote:
Originally Posted by rajivkane View Post
Hi!

What about the concurrently filed I-140(eb-3)? Do not I need to wait till it gets approved? Am I required to stay for six months after this is approved? If I leave now they may withdraw I-140.

Thanks,
If you move from this company without your EB-3 I-140 being approved then there is a good chance that your company will withdraw that application since you are no longer their employee. If that happens then you would not be able to port your 2003 EB-3 labor PD to EB2 ( which has a PD of 2005 ). Basically you would be losing a big two years and there were a lot of people who filed between 2003 and 2005 . That would increase your GC wait time a lot.

I would suggest that you wait a few more months until your I-140 from EB3 is approved and then your lawyer ports your PD to your EB2 labor . Then you would have the best of both worlds and can move to another job also .

But if you don't mind the wait then you are free to move even now.
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  #5 (permalink)  
Old 03-11-2008, 11:04 AM
Senior Member
Priority Date
:
Apr-04
Category
:
EB3
I140 Mailed Date
:
02/19/2007
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/16/2007
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Join Date: Jul 2007
Posts: 122
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Quote:
Originally Posted by hpandey View Post
If you move from this company without your EB-3 I-140 being approved then there is a good chance that your company will withdraw that application since you are no longer their employee. If that happens then you would not be able to port your 2003 EB-3 labor PD to EB2 ( which has a PD of 2005 ). Basically you would be losing a big two years and there were a lot of people who filed between 2003 and 2005 . That would increase your GC wait time a lot.

I would suggest that you wait a few more months until your I-140 from EB3 is approved and then your lawyer ports your PD to your EB2 labor . Then you would have the best of both worlds and can move to another job also .

But if you don't mind the wait then you are free to move even now.
Perfectly stated HPandey. Completely agree.
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** The information provided should not be construed as legal advice. Always check with an attorney before taking action**
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  #6 (permalink)  
Old 03-11-2008, 11:29 AM
Member
Priority Date
:
Aug-05
Category
:
EB2
I140 Mailed Date
:
10/11/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/15/2007
Compare
Join Date: Jul 2007
Posts: 33
rajivkane is on a distinguished road
Default

Thanks hpandey/rolrblade,

Do I need to stay with them for 6 months after the i-140(eb3) is approved? Since the lawyer has already given letter for porting, I do not think anymore action from his side is required.

Regards,

Raj
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  #7 (permalink)  
Old 03-12-2008, 12:05 AM
Member
Priority Date
:
Aug-05
Category
:
EB2
I140 Mailed Date
:
10/11/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/15/2007
Compare
Join Date: Jul 2007
Posts: 33
rajivkane is on a distinguished road
Default

Hi!

Any guidance regarding above is appreciated.

Regards,

Raj
__________________
USA2008
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  #8 (permalink)  
Old 03-12-2008, 12:16 AM
Senior Member
Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
03/03/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Default

Quote:
Originally Posted by rajivkane View Post
Hi!

Any guidance regarding above is appreciated.

Regards,

Raj
No, the wait is from the time you applied I-485..You can move on as soon as your EB-3 I-140 is approved....
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