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Sleepless_in_Seattle
07-19-2006, 08:36 PM
I have a really stupid question.

I have my labor and I-140 completed (PD Feb 2006). I have 10 months left on my H1. I understand that I will get 3 year extension if I apply 6 months before the expiration of H1.

Can I change my organization now? The Scenario is: If I change now, the next employer immedeately starts the process and files for labor (say 6 months left on my H1 at that time). In this situation, can I get 3 year extension with my new employer?

Thanks in advance for your comments.

ghost
07-19-2006, 08:46 PM
I'd be interested in some discussion on this topic but my understanding was that your labor (gc) application must be applied at least one year in advance of your H-1B visa expiration.

In other words, at the time your GC application is received by the DOL you should have atleasr 1 year of H-1B visa available.

To be safe, get the extension from your current employer before making any moves.

BumbleBee
07-19-2006, 09:04 PM
You haven't mention if you are completing 3 years or 6 years. If you are completing 3 years in another 10 months, then you can get another 3 year extension :)(total of 6 years is allowed under H1B status)

here, If you want to stay with current employer(the one holding h1b), then you will have to wait till you are within 6 month of expiry date. But if you want to join another employer, then you don't have to wait, you can file right away and should get full 3 years with them.

if you are towards the end of 6 years, then you are eligible for 3 years one time extension if your country quota is retrogressed otherwise its 1 year extension at a time. As Ghost pointed out, your labor is not older than 365 days, so not sure if you still qualify, I tend to think you do. Please check the attached Yates memo regarding eligibility for h1 extension.

BumbleBee
**----**

BumbleBee
07-19-2006, 09:15 PM
You are eligible for beyond 6th year benefit only if your labor application or I-140 petition is pending more than 365 days at the time of start of new h1 extension period. ( please refer to question 1 and 2 under 'processing of h1b extension' )
So in your case, you can not get beyond 6 year extension atleast till Feb 2007. You can file application before, but the start date has to be after the Feb 2007.

Please consult with an attorney, I am not qualified on immigration matters :D

BumbleBee
**----**

GCwaitforever
07-20-2006, 10:52 AM
I have a really stupid question.

I have my labor and I-140 completed (PD Feb 2006). I have 10 months left on my H1. I understand that I will get 3 year extension if I apply 6 months before the expiration of H1.

Can I change my organization now? The Scenario is: If I change now, the next employer immedeately starts the process and files for labor (say 6 months left on my H1 at that time). In this situation, can I get 3 year extension with my new employer?

Thanks in advance for your comments.

Your approved I-140 gets you 3 year extension for H-1B. Have the PERM approved through new employer first. Wait for four more months while this PERM processing is going through new employer, apply for H-1B renewal through old employer. Once that extension comes, switch to new employer and file for I-140 again to ensure further H-1B extensions. Porting old PD will save you four months also.

Switching right away means you can not renew your H-1B with new employer beyond the current six year period and also you would loose your priority date with old I-140 application, provided you can have the I-140 approved through new employer before your current H-1B expires.

Sleepless_in_Seattle
07-20-2006, 01:12 PM
Thanks Ghost, Bumblebee and GCWaitforever. This clarifies a lot.

In a NutShell, what I understood was, I need to wait till it is < 6months on my H1B 6 years Cap, get 3 years extension and then change.

One more question -

I have my labor and I-140 copies. What documents I need to get from my current employer to ensure that my old Priority Date is maintained with the new employer?

Regards,

Sleepless_in_Seattle

ghost
07-20-2006, 01:30 PM
One more question -

I have my labor and I-140 copies. What documents I need to get from my current employer to ensure that my old Priority Date is maintained with the new employer?

Regards,

Sleepless_in_Seattle

I cannot personally confirm what documents you need to maintain your PD but you have to ensure that your current employer does not cancel your GC application before your new employer files for I-140.

The two practical options for this are:

1) Before leaving your old employer, try talking them into NOT cancelling your GC application. If necessary, promise them that you will come back and work for them once you get your GC. The reason you are leaving them now is to pursue your further studies instead of waiting for your turn to apply for 485.

2) If you can convince your new employer, make them apply for your H1 transfer and also the PERM labor certification at the same time. It usually takes one month for preparing the PERM application (they can start this before you start working for them). Hope that your Labor application will be approved in less than a month and hope for the best on porting your PD from the old GC application while applying for 485.

If I were you, I would try the first option. Atleast you'll not be relying on the "in"efficiency of DOL.

ghost
07-20-2006, 01:35 PM
There is a parallel thread going on with this same topic and someone raised a very important point that for you to port your PD, the job description should closely match your current job description. You should get more information on this subject.

Eventually, it is upto the discretion of DOL on what are the ground rules for porting PD. Good Luck!

GCwaitforever
07-20-2006, 01:55 PM
Because the PD is only Feb 2006, (s)he is not loosing much by jumping the ship. If the jump is really worth, then go for it.

Also I advise not to tell any lies to your ex-employer. It is always to good to maintain relations.

If you start the new PERM application right now, it will be definitely done within next four months. Then get your old H-1B renewed for three years, apply for a H-1B transfer and new I-140 application with the new employer, mentioning the older PD based on old approved I-140. Everything works out well, even if your old employer cancels the I-140 as you already applied for new I-140 using the old I-140.

Canadian_Dream
07-20-2006, 02:13 PM
1. You DO NOT have to wait for within six months of your H1B expiry to file for a 3 year extension based on an approved I-140. The clause that Yates memo is referring is for H1B extsnsion based on pending labor.

2. You can get 3 year extensions immediately once your I-140 is approved as long as your priority date is retrogressed. The amout of time granted is actually determined on case by case basis. For Indian nationals it is always 3years.

3. Once your I-140 is approved and you have a copy of it. Your priority date can always be ported with only one exception: The employer where you got your I-140 should not cancel your petition and substitute your labor for someone else.

4. Other than the exeption in (3) above you priority date is always portable regardless of any job description on future applications.

All the point 1,2,3, and 4 are true based on my personal experience and I know it works for sure.

Only thing I don't know is:
What happens after you leave with 3 year extension and your employers goes ahead and cancels your I-140 petition on which the extension is based. There is no clear guideline for this. I have heard different things, but I would want hear some personal experiences with this situation. Most people think your current extension would still be valid only future extensions will be affected, some say that you will be right out of status the day you I-140 is cancelled. Anyone with more concrete information please share some information.

Sleepless_in_Seattle
07-20-2006, 02:13 PM
Thanks guys, for your insightful comments! I get the picture.

Regards,

Sleepless_in_Seattle

ghost
07-20-2006, 03:33 PM
If you start the new PERM application right now, it will be definitely done within next four months. Then get your old H-1B renewed for three years, apply for a H-1B transfer and new I-140 application with the new employer, mentioning the older PD based on old approved I-140.

How can one start PERM application before even joining the company? Thanks!

GCwaitforever
07-20-2006, 04:29 PM
How can one start PERM application before even joining the company? Thanks!

PERM is for immigration. H-1B is for employment. You do not have to be employed by the company to start PERM processing. On the other hand, you do need H-1B to start with the company.

GCwaitforever
07-20-2006, 04:35 PM
1. You DO NOT have to wait for within six months of your H1B expiry to file for a 3 year extension based on an approved I-140. The clause that Yates memo is referring is for H1B extsnsion based on pending labor.

2. You can get 3 year extensions immediately once your I-140 is approved as long as your priority date is retrogressed. The amout of time granted is actually determined on case by case basis. For Indian nationals it is always 3years.

3. Once your I-140 is approved and you have a copy of it. Your priority date can always be ported with only one exception: The employer where you got your I-140 should not cancel your petition and substitute your labor for someone else.

4. Other than the exeption in (3) above you priority date is always portable regardless of any job description on future applications.

All the point 1,2,3, and 4 are true based on my personal experience and I know it works for sure.

Only thing I don't know is:
What happens after you leave with 3 year extension and your employers goes ahead and cancels your I-140 petition on which the extension is based. There is no clear guideline for this. I have heard different things, but I would want hear some personal experiences with this situation. Most people think your current extension would still be valid only future extensions will be affected, some say that you will be right out of status the day you I-140 is cancelled. Anyone with more concrete information please share some information.

This is an interesting revealation. Would the service centers accept application for renewal even outside the six months window before expiry?

The idea of getting PERM approval from the new company first is to avoid these complications so that the applicant can file for I-140 with the new company porting old PD based on old I-140. Once the I-140 application is filed, even if the old company cancels the old I-140, the applicant has something to stand on.

Why do not we pose these questions on the immigration attorney call? One of us can volunteer to ask these questions.

Sleepless_in_Seattle
07-20-2006, 04:42 PM
Hi Canadian_Dream,

I have 10 months left on my H1 6 Years Cap. Based on your comments, I wrote to my Lawyer, whether I can file for my extension now. I received a reply that I have to wait for another 4 months because the extension could be filed only 6 months before my H1 expires.

Could you point me to some document / Note / Web page which I could forward to my Lawyer?

Regards,

Sleepless_in_Seattle

Canadian_Dream
07-20-2006, 05:03 PM
Actually it is little twisted, there is no document saying otherwise. Meaning, there is no document saying you cannot file an extension based on approved I-140 before 6 months of H1B expiry.
Most people treat Yates memo which says the one can file an extension based of pending labor ONLY 6 months before expiry.
Since you are no seeking an extension based on pending labor you do not fall in this catagory. Ask your lawyer to file it simply because there is no law that says you cannot file. It will get through. If you file an extension you will be granted, but it will NOT count the time you already have on your H1B, which means you will get an approval for 3 year from the date you apply. Remember you can always capture all your H1B lost time in future extensions but duration of your extension will always be less than or equal to 3 years.


Hi Canadian_Dream,

I have 10 months left on my H1 6 Years Cap. Based on your comments, I wrote to my Lawyer, whether I can file for my extension now. I received a reply that I have to wait for another 4 months because the extension could be filed only 6 months before my H1 expires.

Could you point me to some document / Note / Web page which I could forward to my Lawyer?

Regards,

Sleepless_in_Seattle

Sleepless_in_Seattle
07-20-2006, 06:11 PM
Hi Canadian Dream,

Your comments are really valuable and good education for me.

One more clarification:

Let's say I apply for 3 year Extension (10 months left on 6 year H1B) and get 3 year extension from now.

What happens to my 10 months. In case I do not get further 3 year Extension (for whatsoever reason), can I get back my 10 months?

Regards,

Sleepless_in_Seattle

Sleepless_in_Seattle
07-20-2006, 07:38 PM
Hi Canadian_Dream and other Guys,

The following is the text I received from my Attorney. Does it make sense to you guys? Quite frankly, I am confused. I already have an approved Labor and I-140.

----
"The reason the extension petition has the six month timeframes the fact that we can only file a new LCA up to six months in advance and can only cover up to three years. The LCA is a separate filing that we do with the Department of Labor and must be submitted with every H-1B petition. Therefore, we wait until we are in that six-month window in order to start the new petition. If we filed now, the LCA would only be good until January 2009, and your extension would only run from June 2007 to January 2009, (the LCA expiration). Therefore, you would only get about 2.5 years of H-1B time. If we wait until we are in the six month window, we can get all three years of eligibility at once."

----
I will really appreciate if you could comment on this.

Regards,

Sleepless_in_Seattle

avi101
07-20-2006, 07:45 PM
you guys might want to read this too to get some more insights on a variety of contentious topics..
http://www.immigration-law.com/Visa%20Retrogression%20Q%26A.html

Canadian_Dream
07-20-2006, 07:48 PM
Lawyer is refrering to the LCA that is a part of H1B not the permanent labor. This labor is valid for three years from the date you file it. Expiry date of this LCA is always the end date of your H1B petition. That's why H1B is divided in two 3 years periods.
In this case if you file an LCA today and use your I-140 to file an extension you will get 3 years on H1B starting from from today. This should be fine as
you can always recapture any time that you have on H1B later when you really need it.



Hi Canadian_Dream and other Guys,

The following is the text I received from my Attorney. Does it make sense to you guys? Quite frankly, I am confused. I already have an approved Labor and I-140.

----
"The reason the extension petition has the six month timeframes the fact that we can only file a new LCA up to six months in advance and can only cover up to three years. The LCA is a separate filing that we do with the Department of Labor and must be submitted with every H-1B petition. Therefore, we wait until we are in that six-month window in order to start the new petition. If we filed now, the LCA would only be good until January 2009, and your extension would only run from June 2007 to January 2009, (the LCA expiration). Therefore, you would only get about 2.5 years of H-1B time. If we wait until we are in the six month window, we can get all three years of eligibility at once."

----
I will really appreciate if you could comment on this.

Regards,

Sleepless_in_Seattle

Sleepless_in_Seattle
07-21-2006, 01:34 PM
Hi Canadian_Dream,

Looks like my Attorney agrees with your comments. Thanks a lot for providing such a clear understanding about the scenario. I am sure most of us did not have this understanding prior to your comments.

With Best Regards,

Sleepless_in_Seattle

Sleepless_in_Seattle
07-21-2006, 05:40 PM
Hi Canadian_Dream,

Looks like my Attorney "agrees" but "does not agree". Here is the reply I have got:

"You are correct in your understanding that you can continue it get extensions while the Green Card is pending and that the suggested timeframe is six months out. You would not technically "lose time" by applying earlier, but you would end up getting less time in each application, and therefore, will ultimately have to file the H extension more often, adding cost to the process. Also, I forgot to mention that the I-129 instructions do state that I-129 applications should not be filed more than six months in advance."

Could you please comment on this I-129 part?

Thanks in advance !

With Best Regards,

Sleepless_in_Seattle

gcnyc
07-21-2006, 07:02 PM
http://www.murthy.com/chatlogs/ch071006_P.html

http://www.murthy.com/chatlogs/ch062606_P.html


Hi Canadian_Dream,

Looks like my Attorney agrees with your comments. Thanks a lot for providing such a clear understanding about the scenario. I am sure most of us did not have this understanding prior to your comments.

With Best Regards,

Sleepless_in_Seattle

Canadian_Dream
07-21-2006, 08:44 PM
I-129 Instructions says that H1B can be filled 4 months in advance, but I wonder if anyone adhares to it. Extension based on Labor are filed six months in advance. Once again, you can always file and see how it goes, you got nothing to loose. In my opinon your lawyer is looking for reasons not to file before six months of expiry and I am telling you ways it can be done.
I hope it works out fine for you.


Hi Canadian_Dream,

Looks like my Attorney "agrees" but "does not agree". Here is the reply I have got:

"You are correct in your understanding that you can continue it get extensions while the Green Card is pending and that the suggested timeframe is six months out. You would not technically "lose time" by applying earlier, but you would end up getting less time in each application, and therefore, will ultimately have to file the H extension more often, adding cost to the process. Also, I forgot to mention that the I-129 instructions do state that I-129 applications should not be filed more than six months in advance."

Could you please comment on this I-129 part?

Thanks in advance !

With Best Regards,

Sleepless_in_Seattle

beam2006
07-23-2006, 01:07 AM
Hello:
I am on my 7th Year H1 visa.My employer used a Pre apporoved labor(EB3, PD:NOV-03) as my original is pending for longtime.My I140 got approved in Apr'06.

If I find a new job, can I keep my Nov-03 PD? If yes, can the new employer apply the labor

in EB2 category with Nov-03 PD? I am now eligible for EB2 category.


or if I contnue with the same employer, will the rules permit the current employer to apply again in EB2 category using the Nov-03 PD?

Thanks in advance for a valuable information.

Sleepless_in_Seattle
07-24-2006, 04:19 PM
Hello:
I am on my 7th Year H1 visa.My employer used a Pre apporoved labor(EB3, PD:NOV-03) as my original is pending for longtime.My I140 got approved in Apr'06.

If I find a new job, can I keep my Nov-03 PD? If yes, can the new employer apply the labor

in EB2 category with Nov-03 PD? I am now eligible for EB2 category.


or if I contnue with the same employer, will the rules permit the current employer to apply again in EB2 category using the Nov-03 PD?

Thanks in advance for a valuable information.

Hi beam2006,

I do not know all the answers, but let me try to help you with what I know.

The safest option is to change job after you get a 3 year extension based on your current I-140 with the current employer.

In fact, it's better for you to apply again in EB2 catagory after changing job because, you can use the experience with the current employer towards filing for EB2. Generally, the experience with the current employer is not counted towards your overall experience as far as Labor Certification is concerned.

With new employer, you can keep Nov-03 PD, while filing in EB2 catagory. This is valid even if you change your job now. However, what happens to H1B extension, I am not sure.

- Sleepless_in_Seattle

beam2006
07-24-2006, 05:49 PM
Hello,

Thanks for your response and the information is very helpful.

pm1010
07-25-2006, 01:52 PM
Here is my sitaution need opinion from you guys,

8th Year H1 B , I140 Approved (EB3 RIR - PD April 2003) got my 3 year Extension as well. Now, what are my options ?

Pre Approved Labor ?
Another employer file EB2 PERM with my old Priority date?
Stay with the current company and hope that EB3 moves fast.- Any guesstimate as to when EB3 can get to my PD?

Any thoughts ? Appreciate your comments.

Sleepless_in_Seattle
07-25-2006, 04:53 PM
To me, the first two options appear better than the 3rd one.

Sleepless_in_Seattle
07-25-2006, 05:01 PM
Guys here is the scenario:

Got labor (PD Feb 2006),
Got I-140 (May 2006),
H-1 6 year ends on June 2007

Current employer does not have new projects for me at the moment and they are unwilling to file for 3 year extension now (see the thread above and Canadian_Dreams valuable inputs),

In the given situation,

Scenario 1: Let's say that I change my employer and get my Labor and I-140 in 8 months. Can I get H-1 extension based on that?

Scenario 2: Let's say I change my employer and get my Labor but could not get I-140 in time. Can I get H-1 extension based on my current I-140
(assuming the current employer does not revoke it)?

Thanks in advance for comments.

Sleepless_in_Seattle
07-31-2006, 02:15 PM
Hi Guys,

I consulted a Lawyer and the answer to both the questions above is YES.

Hence, for all of us, who want to change jobs after I-140, here are the options (as per my Lawyer)

1. By changing job (Even when you have less than 1 year on your 6 year Visa Cap), you can get 3 years extension with your new employer (based on your current I-140); if the current employer does not cancel it.

2. You can initiate a new green card process with the new employer and still maintain your current PD.

Wanted you let you guys know.

GC Khichdi
07-31-2006, 03:13 PM
I have a question, would appreciate a quick answer please.

If I get 3 year extension after completing 6 years of H-1B (Labor and 140 approved) during those extension years, can anyone change employer? Or say if someone gets laid-off, what are the options for that individual? Can s/he change employer and get H-1 transferred to the new employer?

Can one keep the PD if the employer don't revoke 140?

Thanks in advance

eb3retro
07-31-2006, 03:40 PM
what happens when a person changes an employer once he got his 3 year extn after i-140 approval and 6 years completion? Does, he carry over the whole 3 years to the new employer??? i am surprised if it is "yes"..

satyasaich
07-31-2006, 03:53 PM
yes, and no surprise here. that's the law
what happens when a person changes an employer once he got his 3 year extn after i-140 approval and 6 years completion? Does, he carry over the whole 3 years to the new employer??? i am surprised if it is "yes"..

Saichakra
07-31-2006, 04:03 PM
As your I-140 is approved, you could potentially think of getting an EAD using which you can work for any employer without any visa sponsorship.

seahawks
07-31-2006, 08:16 PM
As your I-140 is approved, you could potentially think of getting an EAD using which you can work for any employer without any visa sponsorship.
if an immigrant visa date is available. You cant file for 485/EAD based on the retrogression, otherwise we won't be talking, will we:)

BumbleBee
08-02-2006, 02:11 PM
what happens when a person changes an employer once he got his 3 year extn after i-140 approval and 6 years completion? Does, he carry over the whole 3 years to the new employer??? i am surprised if it is "yes"..

from yates memo

Question 7. Should service centers or district offices deny a request for an H-1B extension beyond the 6-year limit where the labor certification or immigrant petition from an employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be from the same employer requesting the H-1B extension.

Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under ß104(c), may an extension be granted for a period of up to three years?
Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).

The basis for beyond 6year extension is either pending/approved labor(365+ days) - 1 year at a time extension
Or EB immigrant petition is pending ( 140 is approved and 485 is pending and the country affected by retrogression ) - can be up to 3 years irrespective of h1b filling employer.

BumbleBee

BumbleBee
08-02-2006, 02:27 PM
if an immigrant visa date is available. You cant file for 485/EAD based on the retrogression, otherwise we won't be talking, will we:)

We might still be talking :p . Given the volatile nature of immigration rules/regulation and USCIS's working, it is advisable to always maintain H1B status alongside, or else one falls out of status right away. To get an H1 extension, one must be on H1 status. Once you use EAD and let H1 expires, you can not get h1 extension, you will need a new H1 ( quota, 1 year gap outside usa etc )

In my case, I have gotten RFE for I-140 twice, once A2P (succesful, I140 approved) and again a year later after I-140 was approved ( don't ask me for what!! ). They actually have denied cases years after approving, saying 'we made a mistake in approving these cases in the first place :( )

and Now, I have an RFE on I-485 asking for million things :eek:

I have seen people's 485 denial for not showing up for finger print, while they(applicant or lawyer) never recieved any letter or anything asking for finger print, and to top it off, 485 denial are not appealable :(

Untill 4 months ago, I was very comfortable just using EAD, as it could be 5+ years before I'll see my approval ( if at all ), but not anymore, I am filling for H1 extension (here goes $3k down the drain )


One should always weigh pros/cons of EAD vs H1B before jumping to one or the other

My 2 cents....

BumbleBee

mrajatish
08-08-2006, 02:07 PM
A quick question for sleepless_in_seattle:
If you have your 140 approved, does it mean your Priority date can be used any time in future, regardless of your employer revoking your 140 for labor substitution?

rb_248
08-08-2006, 03:25 PM
Gurus,
What are the repercussions if i get transferred form one state to another within the same company with an approved I-140. Do I have to go through the whole process all over again?
Thanks

pappu
08-09-2006, 08:47 AM
Gurus,
What are the repercussions if i get transferred form one state to another within the same company with an approved I-140. Do I have to go through the whole process all over again?
Thanks
yes you have to reapply all over again. its an unfortunate part of the law that hurts lots of professionals.

neel_gump
08-09-2006, 12:35 PM
What about changing from one city to other with in the same state? Do we need to re-apply all over again?

I talked to my lawyer about this and she told me that I don't have to as she already metioned my new workplace in my 7th year extension of H1-B. She also told me that we could use 3year H1-B extension only once depending on approved I-140.

I don't know whether these things are true or not. Please let me know guys.

thanks

pappu
08-09-2006, 01:25 PM
What about changing from one city to other with in the same state? Do we need to re-apply all over again?

I talked to my lawyer about this and she told me that I don't have to as she already metioned my new workplace in my 7th year extension of H1-B. She also told me that we could use 3year H1-B extension only once depending on approved I-140.

I don't know whether these things are true or not. Please let me know guys.

thanks
if you change city within the same state then you are ok. labor is for the state and thus you have to work in that state(employer/branch who sponsored you should be in that state). h1 can be extended for 3 years after 140 is approved. dont worry about further 3 years now.. With IV members actively working we should get something done. pls inform your friends to spread the word and become members of IV and contribute. I was in the open conf call for all members. IV will need lot of support, publicity and memberships in the struggle ahead.

go_skil
08-09-2006, 04:02 PM
My case: EB3, PD Mar02, 140 approved, 7th year of H1

I need some advice from all of you...

My company's lawyer had applied for EB3 instead of EB2 by mistake and hence I am stuck in retro. Now, my company is ready to reapply in EB2 category for another position in the same company. My question.....Is this legal and doable? Has anyone done this?

You comments/ suggestions appreciated.

G_S

cr52401
08-09-2006, 09:54 PM
My case: EB3, PD Mar02, 140 approved, 7th year of H1

I need some advice from all of you...

My company's lawyer had applied for EB3 instead of EB2 by mistake and hence I am stuck in retro. Now, my company is ready to reapply in EB2 category for another position in the same company. My question.....Is this legal and doable? Has anyone done this?

You comments/ suggestions appreciated.

G_S

I almost had the same situation. I asked my lawyer and she said with PERM, the company can just get the labor one time for that same person even if the job in different. I am still searching the subject but that is where I am now. Let us know if you got anything different.:confused:

go_skil
08-09-2006, 10:06 PM
cr52401,

I am expecting reply from my lawyers next week. I will let you know.

G_S

neel_gump
08-10-2006, 12:09 AM
I am also in the same boat as you guys. I am about to finish 5 years in my current company (with total experience of 9 years) and now I want to ask them to reapply my GC in EB2 as I want to take new position.

So I really appreciate it if you can post your findings in this thread.

thx

pappu
08-10-2006, 12:08 PM
Here is the whole situation.

When I was on F-1(student visa) Company A file LC for me Dec 2001.(I was not working in company A those days)
I joined company A on Jan 2006 on H1B. Just received Labor approval from Company A, on April 2006 I transferred to company B and working in company B.

Company A is showing losses since 2002 and dose not has assets more then liability.

Questions

1.can I file I-140 form Company A? If yes then what are the possibilities for approval.
if the company does not have ability to pay, the case if tough. if the company can show external funding from investorsa nd shareholders to cover this loss from now on, it might help (but you will have to do a lot of paperwork for that). it also depends on how big the company is. if the company is small then the case is much more difficult. also if the company is already sponsoring more people than you then your case is more complicated. you should ask for all financial statements of the company over past few years and have the lawyer and cpa take a look at them in order to judge if it is worth pursuing the case. without knowing the exact financial details over the years , number of employees, number of sponsored employees.. etc in this forum, it is hard to make a comment.

pappu
08-10-2006, 01:19 PM
Pappu,

Thanks for reply.
Company is very small 14 employees. i am the only one they ever sponsored.it is a american company. No shares and stocks.
some cpa audit work may be required to show that now your company is able to increase revenue over the years and making profit. the owner can write an undertaking saying that he is willing to invest X dollars to make up for the losses. if there is money in the bank, submit bank statements. submit salary documents of all employees that they are being paid market salary. all previous years tax statements need to be submitted. get audit work done from certified cpa for audits. (remember there is a difference between audit and regular cpa statement. audit is more elaborate). there will be some amount of paperwork involved in this in order to get this done. if you do it right you can overcome this.

mendenken
08-10-2006, 04:53 PM
Hi, I am new to the forum.
I have until April'2008 for my 6 year quota to complete.
My I-140 is in processing and current H1b is valid until Feb'2007. Once I got my I140 approved, can I apply for 3 year extension though I have one more year left in 6 year quota.

I talked to my attorney, he said I could. I doubt, Any ideas.

Thanks
Men.

Sleepless_in_Seattle
08-10-2006, 08:39 PM
Sorry guys, I was not looking in this forum since last few days.

Here are the answers:

Can you change organizations after your I-140 approved and get 3 years extension?

The answer is YES. Make sure your organization does not "cancel" I-140. Normally they should not because it costs effort and money.

Can you get 3 year's extension and change organization?

The answer is YES.

Can you maintain your Priority Date in above situations?

The answer is YES

Do you have to re-start your Green Card Process after changing organizations?

The answer is YES. However, you can maintain your priority date.

Hope the above helps.

Sleepless_in_Seattle

popoye
08-11-2006, 03:47 AM
Thanks sleepless, Is all of the above applicable even if I have crossed SIX YEAR limit with my current employer. Can I still get a three year H1 (assuming I have a LC and 140 approval already with my current employer) and join a new company and restart my GC with old PD. Pl. let me know .
If all of these is possible then the real advantage of AC21 is that it avoids the need for going through PERM and 140 again ?

highope
08-11-2006, 10:01 AM
I am currently in the 7th year of my H1 visa. I work for a MNC, which is currently reducing its workforce.
If I get laid off,I am almost certain that my company will not hire another employee on my labour, but how will I know if the company will inform the INS and revoke my 140??
Do big companies inform the INS if the employee no longer works for them??

sethurama
08-11-2006, 12:24 PM
Toget 3 year extension after changing company, What documents should I get from my prev company?.

pappu
08-11-2006, 01:24 PM
I am currently in the 7th year of my H1 visa. I work for a MNC, which is currently reducing its workforce.
If I get laid off,I am almost certain that my company will not hire another employee on my labour, but how will I know if the company will inform the INS and revoke my 140??
Do big companies inform the INS if the employee no longer works for them??
keep in touch with your lawyer or HR to know the status of your application

pappu
08-11-2006, 01:24 PM
Toget 3 year extension after changing company, What documents should I get from my prev company?.
140 approval notice

ujjvalkoul
08-11-2006, 02:44 PM
Question:

If I have H1 extended for 3 years (say until Dec 2009) based on approved I-140 from company A.

If I switch to Company B, and apply for H1 Transfer, do I have to produce the I-140 approval notice to get the new H1 (from Co B) to be valid until Dec 2009.

alien2006
08-11-2006, 03:45 PM
Question:

If I have H1 extended for 3 years (say until Dec 2009) based on approved I-140 from company A.

If I switch to Company B, and apply for H1 Transfer, do I have to produce the I-140 approval notice to get the new H1 (from Co B) to be valid until Dec 2009.

How would USCIS know you have a valid I-140 and are eligible for this H1 transfer/extension? Surely you are not thinking USCIS will do the checking for you. :eek:

up_guy
08-21-2006, 11:05 PM
I am looking for genuine case where anyone has ported PD from his old EB3 approved 140 to a new employer to after filing a new labor new 140 and 485.

Also I am willing to have real time case what happens if old employer revokes 140

meg_z
08-23-2006, 09:11 AM
I am currently in the 7th year of my H1 visa. I work for a MNC, which is currently reducing its workforce.
If I get laid off,I am almost certain that my company will not hire another employee on my labour, but how will I know if the company will inform the INS and revoke my 140??
Do big companies inform the INS if the employee no longer works for them??

Big or properly-run companies do follow the regulations to cancel H-1Bs etc after a layoff, especially if they have a retained lawfirm for all their immigration needs. This is just based on personal experience.

But the point here is, per my understanding, one can still retain the PD as long as the I-140 is not revoked by USCIS due to fraud. Is my understanding not right? Thanks.

gcpool
08-30-2006, 06:21 PM
I was under the impression that once I-140 is cleared the PD date is your. Unless a fraud is detected. So even if the old emp give the labour or I-140 another person, the PD is yours. Please correct me if I am wrong

Canadian_Dream
08-30-2006, 09:53 PM
What is the relation between a 3 year H1B Approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the underlying peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ? Please indicate any laws or precedents that can clarify the implications of the above scenarios.

GCBy3000
08-31-2006, 10:40 AM
Tomorrow there is a conference call. Ask this question there. I will not be able to attend, otherwise I would have.

1. With 6 + 3yr extn( 140 approved), YES you can join different employer.
2. YES, you can retain the PD if the old employer does not revoke the 140.
3. Even if the 140 is revoked, some attorney attach a copy of approved 140 and get the PD attached to the new labor. This all depends on which attorney you work with as per the attorney Varma(IV Conf Call Attorney)

Questions:
1. What happens to the new employer h1 status when the old employer revokes the 140 since the 3yr extn depends on approved 140.

2. What happens to h4?

Canadian_Dream
08-31-2006, 01:27 PM
Thanks for the information.

I hope this clarifies all these questions:
1. Its possible to apply for 3 year H1 extensions with a new employer as far as you have an approved I140 unless its revoked.
To be safe: If you want to join a new company, you need to have the new company file your H1 transfer in premium processing. Go to the new company after you get the H1 approval.
How ever, the I140 revokation request usually takes time. So, even if you move to a new company before the H1 approval, practically there may not be an issue.


In the scenario, although your H1B was approvable on the date of filling, isn't that it becomes invalid since the undelying I-140 on which approval (extension) was based has been revoked ? Do you know how USCIS will look at H1B petition from one employer with an approved I-140 from another employer ? Will this not trigger some kinda RFE where the old employer has to endorse that your GC process is still in progress or atleast not cancelled ?

yogi1976
02-28-2007, 12:06 AM
dear friends,
I read through the entire thread, but still trying to get the answer for following situation of mine.
1. i am completing 6 years in mid march 2007.
2. my i-140 is cleared(PD Sep 2006).
3. I already have three year extension.


I would like to know:
1. Can i change my employer now ??

2. Assuming I can change my employer, I want to know what happens in teh following situation ..
- I change employer and get my h1B transfered and my present(who would become
my previous employer after I change employer) cancels my I-140.

Is my status still valid ?? What happens here onwards ??


thanks,
Yogi.

ramaonline
02-28-2007, 08:27 PM
If u get the 3 year h1 extension based on approved i140 then ur status is valid thru the end date on the petition even if the I140 is revoked during the course of this period. U can also transfer h1 and change employers as it allows portability.
Check the ac21 interim guide on ilw.com or uscis.gov
Note that once u have an approved I140 u keep it for life and can use it on any future GC application even if it is revoked. The only exception is if the i140 is revoked due to fraud.

rameshg_25
02-28-2007, 09:00 PM
Hi,
I have a slightly different question,
my priority date is NOV 03(EB3)
Currently i have a 3 year extension based on I140 approval.I would like to change my employer and keep the same priority date and file my GC in EB2.But my current employer is not willing to give me a copy of my I140 approval and will cancel it if i leave the company.I dont think i can get an experience letter also.
Please tell me how can i change my employer and keep the same priority, also please let me know how can i get a copy of my I140 approval.

Please help

Thanks

aamchimumbai
02-28-2007, 09:50 PM
Hi ramesh,

Based on your question -

Your scenario - I-140 approved (Labor Eb3 category). You would like to port old priority date for a labor approved in EB3 to EB2 (new employer).. Is it possible ?

I thought you can only port the priority date to a new employer provided all the job descriptions match labor certifications by the old employer, otherwise you cannot. For e.g.,

EB3-I140-old employer = Eb3-I140 new employer (same job description)

EB3-I140-old employer = EB2-I140 new employer (will be a different job description because you're now filing in EB2 category).

Please correct me if I am wrong.




Hi,
I have a slightly different question,
my priority date is NOV 03(EB3)
Currently i have a 3 year extension based on I140 approval.I would like to change my employer and keep the same priority date and file my GC in EB2.But my current employer is not willing to give me a copy of my I140 approval and will cancel it if i leave the company.I dont think i can get an experience letter also.
Please tell me how can i change my employer and keep the same priority, also please let me know how can i get a copy of my I140 approval.

Please help

Thanks

madhu345
02-28-2007, 11:37 PM
Today I heard from my friend that he got 3 years H1B approval, when he applied for 8th year extension. Where has the Labor application is still pending.

perm2gc
03-01-2007, 12:40 AM
Today I heard from my friend that he got 3 years H1B approval, when he applied for 8th year extension. Where has the Labor application is still pending.
really..can you post more details about ur friend's case

makemygc
03-01-2007, 01:03 AM
Another Interesting I140 Porting Scenario. Please respond.

My labor is approved on Jul 06,
I140 approved Sept 06
7th year of my H1 expires in Nov 07.
Yet to apply for 3 yrs H1 extension based on Approved I140

Now my client likes to hire me. The questions that I have:-
1. Can I transfer my H1 to my client and get 3yrs H1 extension as part of H1 transfer or should I first get a 3 yrs H1 extension through my current company and then join my client?

I'm sure lot of people are in similar situation and response to this would help many.

2. Does my client need to file my labor immediately after my joining to maintain the priority data of I140? I cannot ask my client to start my labor and I140 before I join them as it's a big company and follow company's process.

3. What are my best options?

Thanks

Alien
03-01-2007, 10:11 AM
Is it possible to transfer a PD without a copy of approved I-140 ?My employer is not willing to provide me a copy but I do have the receipt#.

Thanks!

masti_Gai
03-01-2007, 10:14 AM
Without approval notice how would they get to know your PD. So a copy of ur approval is very much needed.

Alien
03-01-2007, 10:16 AM
Without approval notice how would they get to know your PD. So a copy of ur approval is very much needed.

I was hoping with my receipt#.

eb3retro
03-01-2007, 10:59 AM
I was hoping with my receipt#.


There are some employers who say that I-140 is company property and wont give it to employees. Once you get the copy of I-140, show them a sign using one of your fingers.

pd_recapturing
03-01-2007, 11:12 AM
I know that. My employer is also not willing to give me approval notice so I am filing new EB2 from his company. But, actually, I thought if you have a receipt #, your lawyer/USCIS can use that to get I-140 approval document.

peterpan
03-01-2007, 12:07 PM
Hey sleepless, makemygc, et al.

I had about 7 months left on my 6th-year H1-B at my previous employer. I also had an approved I-140 with them. When I decided to change jobs, my new company basically applied for a H1-B transfer + extension based on approved I-140 (from the old employer). I got the transfer approval without any issues.
Note that your I-140 must not be revoked by your previous employer, at least until your transfer petition goes through.

Hope this helps.

rameshg_25
03-01-2007, 01:26 PM
Hi,
I have a slightly different question,
my priority date is NOV 03(EB3)
Currently i have a 3 year extension based on I140 approval.I would like to change my employer and keep the same priority date and file my GC in EB2(with the same skill set but with my experience with the current employer).But my current employer is not willing to give me a copy of my I140 approval and will cancel it if i leave the company.I dont think i can get an experience letter also.
Please tell me how can i change my employer and keep the same priority, also please let me know how can i get a copy of my I140 approval.



Please help

Thanks

gc4me
03-01-2007, 03:28 PM
File a G-639 form and request for I-140 approval providing all necessary info like receipt# etc.
http://www.uscis.gov/files/form/g-639.pdf
You will get it in 2/3 months.

Hi,
I have a slightly different question,
my priority date is NOV 03(EB3)
Currently i have a 3 year extension based on I140 approval.I would like to change my employer and keep the same priority date and file my GC in EB2(with the same skill set but with my experience with the current employer).But my current employer is not willing to give me a copy of my I140 approval and will cancel it if i leave the company.I dont think i can get an experience letter also.
Please tell me how can i change my employer and keep the same priority, also please let me know how can i get a copy of my I140 approval.



Please help

Thanks

eb3retro
03-01-2007, 03:34 PM
File a G-639 form and request for I-140 approval providing all necessary info like receipt# etc.
http://www.uscis.gov/files/form/g-639.pdf
You will get it in 2/3 months.


Can you please tell me how do you know that you get it in 2/3 months ? so far what i have heard abt this is it takes more than a year...

Scorpio123
03-01-2007, 06:02 PM
Here is my condition

1) I am a citizen of India
2) Has approved -140 ( PD: July 2006) from previous employer ( who did not file for I 485)
3) Changed my employer who is in the process of applying for Labor certificate.

a) Can I retain my previous priority date?
b) I am sure my previous employer hasnít cancelled my I -140 yet ..but they are thinking about using it for another employee..may take few months to go thorough he process. How soon I need to apply to secured that priority date? I will get that PD only when I apply for 140 or just Labor is fine?

Please let me know. My Lawyer said I canít use any of past PD because they did not file for I-485..which couldnít do it because dates are not current. However on this forum I saw some threads that suggested I can retain my PD

Please advise

makemygc
03-02-2007, 08:48 AM
Hey sleepless, makemygc, et al.

I had about 7 months left on my 6th-year H1-B at my previous employer. I also had an approved I-140 with them. When I decided to change jobs, my new company basically applied for a H1-B transfer + extension based on approved I-140 (from the old employer). I got the transfer approval without any issues.
Note that your I-140 must not be revoked by your previous employer, at least until your transfer petition goes through.

Hope this helps.

peterpan, thanks a ton for responding. This does help.
Only difference in my case is that I'm in 7th year of my H1. Will that make any difference?