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czar_the_king
10-01-2006, 09:32 PM
Hi,
My I-140 got approved from my current company. I got a good offer from another company and they are ready to start my greencard process, but being a big company, they will apply for my labor only 6 months after joining the new company. My 6 year period on H1 end in March, 2007. I am planning to get a 3 year extension from the current company and then switch to the new company may be after 2 months.
Will there be any problems with what I am planning to do?
I am not particularly concerned about porting my priority date because of the offer I got.
Please give some suggestions.

Thanks

zhoeno
10-01-2006, 09:34 PM
Found some info over here

http://www.immigration.com/faq/Memo_RSK_M_A%5B1%5D.pdf

Essentially if the I-140 has been approved, the new company has to get the name changed on the I-140 app. Still would like to hear from someone who has been thru this.

Also the question of going to a new employer under these conditions still remains? Please advise.

Thanks

qplearn
10-01-2006, 11:38 PM
Found some info over here

http://www.immigration.com/faq/Memo_RSK_M_A%5B1%5D.pdf

Essentially if the I-140 has been approved, the new company has to get the name changed on the I-140 app. Still would like to hear from someone who has been thru this.

Also the question of going to a new employer under these conditions still remains? Please advise.

Thanks

This document from immigration.com is about merger of two companies or takeover of a company by another. This is not necessarily the situation the OP finds himself/herself in.

qplearn

a1b2c3
10-02-2006, 08:30 AM
Hi,
My I-140 got approved from my current company. I got a good offer from another company and they are ready to start my greencard process, but being a big company, they will apply for my labor only 6 months after joining the new company. My 6 year period on H1 end in March, 2007. I am planning to get a 3 year extension from the current company and then switch to the new company may be after 2 months.
Will there be any problems with what I am planning to do?
I am not particularly concerned about porting my priority date because of the offer I got.
Please give some suggestions.

Thanks


I think you should file your 3 year extension immediately that too in the expedited channel.
That way you can switch over anytime.

Mine is a similar situation.
I got 1 year extension after I completed 6 years on H1. My I-140 was approved and my company filed and obtained 3 year extension.
Now I have new offers and I intend to switch.
I too have concerns about the portability of priority date, whether there would be problems during H1 transfer and so on....!

IllinoisGC
10-03-2006, 08:25 PM
Hi a1b2c3/Others in similar situation [ie. 140 approved and retrogession affected] and tried switching the employers?

Please share the experiences and feedback from others

Thanks in advance


I think you should file your 3 year extension immediately that too in the expedited channel.
That way you can switch over anytime.

Mine is a similar situation.
I got 1 year extension after I completed 6 years on H1. My I-140 was approved and my company filed and obtained 3 year extension.
Now I have new offers and I intend to switch.
I too have concerns about the portability of priority date, whether there would be problems during H1 transfer and so on....!

gc_in_30_yrs
10-03-2006, 09:54 PM
just wait for 4 months. I am there to switch to new employer. I WILL DEFINATELY want to retain my PD as I work for a BS desi company. I paid all the money for my green card till now. I am waiting for 485 to be filed. I am planning to change company as everyone in this world know that once you are struck to file for 485; all your requests are turned down by your employer (assuming you work for a desi company like the one i work for)

:D

MA001
10-05-2006, 12:39 PM
I have little different situation. After my company was acquired. We are a subsidiary of this new owner co, with our own HR, however payroll went to new company. So now my H1B is still with old company. , yet I get pay check from new company.

I have approved I140. Does the acquisition affect anything in my GC process? Considering my HR (and Legal Deptt.) is still owning the GC process.

Thanks in advance.

MannyD
10-05-2006, 03:51 PM
I have little different situation. After my company was acquired. We are a subsidiary of this new owner co, with our own HR, however payroll went to new company. So now my H1B is still with old company. , yet I get pay check from new company.

I have approved I140. Does the acquisition affect anything in my GC process? Considering my HR (and Legal Deptt.) is still owning the GC process.

Thanks in advance.

Acquistion will not affect your GC process. You should ask your HR to file for change in interest amendment for your H1B as well as your I140. I don't know if you can file amendment for approved 140 - in that case, you'd have to file it when you petition for 485/AOS.

MA001
10-05-2006, 08:06 PM
I have little different situation. After my company was acquired. We are a subsidiary of this new owner co, with our own HR, however payroll went to new company. So now my H1B is still with old company. , yet I get pay check from new company.

I have approved I140. Does the acquisition affect anything in my GC process? Considering my HR (and Legal Deptt.) is still owning the GC process.

Thanks in advance.

Some more information:

1. After merger, my company HR & legal Deptt are functioning independently.
2. Company is still handling its own H1 employees' & immigration related matters. However pay check comes from old company.

Do I need to file an amended I140 (I140 is already approved)

smiledentist
10-06-2006, 02:33 AM
I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed.Now as of Oct 01 the orriginal company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration.Any advice is appriciated.

smiledentist
10-06-2006, 02:37 PM
Any advice

I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed.Now as of Oct 01 the orriginal company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration.Any advice is appriciated.

GCwaitforever
10-06-2006, 04:46 PM
Is one partner buying out the other partner? Then your case comes under company being acquired. Check with your attorney who filed the I-140 and take steps to continue the petition. You can transfer H-1B as well.

smiledentist
10-06-2006, 09:35 PM
No both partners are seperating and assets and liabilities are divided into two.


1Is one partner buying out the other partner? Then your case comes under company being acquired. Check with your attorney who filed the I-140 and take steps to continue the petition. You can transfer H-1B as well.

a1b2c3
10-08-2006, 01:22 PM
Hi a1b2c3/Others in similar situation [ie. 140 approved and retrogession affected] and tried switching the employers?

Please share the experiences and feedback from others

Thanks in advance

I will be happy to share the info once transfer goes through. The immigration attorney (appointed by one of the recruiting companies) foresees no problems as of today.

Meanwhile, the situation has changed somewhat at my end. Multiple companies have simulataneously applied for visa transfer. Will these independent transfers collide and create problems with INS?

Also, if I sign multiple offers and reject all except one, are other companies likely to sue me?

If you or somone else has been in similar situations, would appreciate it if you can share your experiences. I am thinking of approaching Rajiv Khanna but the consultation fees are over couple of hundred dollars for 15 min of ph conversation!.

I would want to meet who can take a look at my papers in depth and offer face-to-face consulatation, rather than answer some general questions in 15 min, depending upon the info you provide.

MA001
10-09-2006, 05:40 PM
Some more information:

1. After merger, my company HR & legal Deptt are functioning independently.
2. Company is still handling its own H1 employees' & immigration related matters. However pay check comes from old company.

Do I need to file an amended I140 (I140 is already approved)

Please take a look at my modified question. Thanks

yuvarajc
01-27-2007, 11:51 PM
Hi,
My I-140 got approved from my current company. I got a good offer from another company and they are ready to start my greencard process, but being a big company, they will apply for my labor only 6 months after joining the new company. My 6 year period on H1 end in March, 2007. I am planning to get a 3 year extension from the current company and then switch to the new company may be after 2 months.
Will there be any problems with what I am planning to do?
I am not particularly concerned about porting my priority date because of the offer I got.
Please give some suggestions.

Thanks


Hi Czar, Did you get an answer for your questions. Iam in similar situation.
Thanks

ssdtm
01-28-2007, 01:07 AM
>>>>>Meanwhile, the situation has changed somewhat at my end. Multiple companies have simulataneously applied for visa transfer. Will these independent transfers collide and create problems with INS?

---- NO

.>>>>Also, if I sign multiple offers and reject all except one, are other companies likely to sue me?

---- NO

invincibleasian
01-28-2007, 01:11 AM
Hi,
My I-140 got approved from my current company. I got a good offer from another company and they are ready to start my greencard process, but being a big company, they will apply for my labor only 6 months after joining the new company. My 6 year period on H1 end in March, 2007. I am planning to get a 3 year extension from the current company and then switch to the new company may be after 2 months.
Will there be any problems with what I am planning to do?
I am not particularly concerned about porting my priority date because of the offer I got.
Please give some suggestions.

Thanks

The priority date is yurs after I140 is approved. no problems seen in yur case!

sam_hoosier
01-30-2007, 04:38 PM
I believe the new job has to be in same/similar occupation as the old one for which I-140 was approved. Does anyone know how same/similar is defined ?

Does it mean the same job category/code under which the LC was filed. Or should it have the exact same job description (very difficult :o ) ?

sskcar
03-26-2007, 05:33 PM
I believe the new job has to be in same/similar occupation as the old one for which I-140 was approved. Does anyone know how same/similar is defined ?

Does it mean the same job category/code under which the LC was filed. Or should it have the exact same job description (very difficult :o ) ?


Hi all....just need a clarification. I understand that I can change company and get my PD to new company.

BUT IS IT POSSIBLE IF I DON'T HAVE A COPY OF I-140 WITH ME :confused: . BUT I HAVE THE PETITION NUMBER.
AS YOU ALL KNOW THAT DESI COMPANIES DON'T GIVE A COPY OF I-140 FEARING THAT WE CHANGE COMPANIES. :(

THANKS IN ADVANCE...

svvidyanath
08-23-2008, 02:07 PM
Hi ,

My PD is dec-2007 and my i-140 got approved recently in Aug-2008. My employer is going to stop his consulting business and asking us to move to a new company within in 3 months. The company is going to exist just for name sake not doing any business i.e. no payroll etc.He is saying that he will not revoke our I-140.

1) At this point if we join the new company is there a possibility to carry forward the Labor-PD from the current company to new one.

2)Also my H1-B is going to expire in 2 months, is it fine to transfer only my H1-B to a new company and when the dates become current file my i-1485 from the old company. This will give me a option to file AC-21 after 6 monts of i-485 filing.Is it a problem if I don't have the paychecks from my old company after the I-140 is approved till the dates are available.

Please let me know....

Thanks,
Vidya

snathan
08-23-2008, 02:13 PM
Hi ,

My PD is dec-2007 and my i-140 got approved recently in Aug-2008. My employer is going to stop his consulting business and asking us to move to a new company within in 3 months. The company is going to exist just for name sake not doing any business i.e. no payroll etc.He is saying that he will not revoke our I-140.

1) At this point if we join the new company is there a possibility to carry forward the Labor-PD from the current company to new one.

2)Also my H1-B is going to expire in 2 months, is it fine to transfer only my H1-B to a new company and when the dates become current file my i-1485 from the old company. This will give me a option to file AC-21 after 6 monts of i-485 filing.Is it a problem if I don't have the paychecks from my old company after the I-140 is approved till the dates are available.

Please let me know....

Thanks,
Vidya

You might need to start your GC process and you may use your PD as your I140 is approved. Its good your employer is not revoking I140. when you file 485 what if you get RFE for your pay check. For safer side, start your GC and use the PD. consult with attorney.

Thanks,