Change jobs after I-140 approval

[SGP]

Originally Posted by anand_787

Thanks ... but what if the previous employer cancels the I-140 application? Can we still port the same PD ? Or, even, is there anything such as cancelling the I-140 exists?

Anand: In your earlier post you said you have an approved I140. If this is the case then even if your former employer files for cancellation you can ye port the PD. The PD is yours. However, please make sure that you have a copy of the approved I-140 itself.

Good Luck

[stillhowlong]

Originally Posted by anand_787

Thanks ... but what if the previous employer cancels the I-140 application? Can we still port the same PD ? Or, even, is there anything such as cancelling the I-140 exists?

As far as I know, that is grey area. But I heard that Murthy Law Firms helped people even though the old employer cancelled the I140 and there was no fraud and misrepresentation and date was ported.

[Gandhi_II]

Originally Posted by devil001

But be aware. that you have to file 140 again, and perm again, before your priority date becomes current to file your I485. You can not file 485 when your date becomes current using your old 140.

How long are Labor Certifications taking these days, on average? Is there any data that reflects this information?

[Gandhi_II]

Basically, I have a July 2010 priority date. If I change employers by July 2012, will there be enough time for PERM Labor Certification to file an I-140 before the priority date advances to July 2010 next year? (Note: last visa bulletin said that priority dates for EB-2 would not go back to May 2010 till Spring 2013).

[deepakd]

Originally Posted by Gandhi_II

How long are Labor Certifications taking these days, on average? Is there any data that reflects this information?

LCs are taking atleast 3 months
I got mine exactly in 3 months, last month.

[SGP]

Originally Posted by Gandhi_II

How long are Labor Certifications taking these days, on average? Is there any data that reflects this information?

Mine took approx 10 months approx. The PWD was filed in end Oct 2010 and the LC approval came approx in End July 2011.

[SGP]

Originally Posted by Gandhi_II

How long are Labor Certifications taking these days, on average? Is there any data that reflects this information?

Originally Posted by SGP

Mine took approx 10 months approx. The PWD was filed in end Oct 2010 and the LC approval came approx in End July 2011.

In short it took approx 19 months from PWD stage to get to approved I140 stage for me. Please note my I140 was done with regular processing (no premium processing involved).

[Gandhi_II]

Originally Posted by devil001

But be aware. that you have to file 140 again, and perm again, before your priority date becomes current to file your I485. You can not file 485 when your date becomes current using your old 140.

Are you absolutely sure about this?

[anu_t]

Originally Posted by Gandhi_II

Are you absolutely sure about this?

yes . new job. new perm new 140. once all done then only u can port old pd.
these days to get one needs 3 months to 7/8 months in case of audit.
add in to that pwd time, adv , cool down period etc.

[Gandhi_II]

Originally Posted by anu_t

yes . new job. new perm new 140. once all done then only u can port old pd.
these days to get one needs 3 months to 7/8 months in case of audit.
add in to that pwd time, adv , cool down period etc.

Yes, but devil said:

Originally Posted by devil001 View Post
But be aware. that you have to file 140 again, and perm again, before your priority date becomes current to file your I485. You can not file 485 when your date becomes current using your old 140.

I just checked with an immigration counsel and they said the old I-140 priority date can be ported even if the priority date of that I-140 has become current before the new I-140 is filed. So is devil001's statement inaccurate? devil001 - can you cite a reference to this law?

[anand_787]

Sounds good... now this is encouraging