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  #1 (permalink)  
Old 02-01-2010, 12:08 AM
Junior Member
Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2010
Posts: 6
ayaskant is infamous around these parts
Default 140 approved in 2008 , No EAD. Want to change employer.

Hi,
I came to US on h1b in 2007.
I got my labor substituted in 2007 in EB3. My priority date is December 2004.
I got my 140 approved in january 2008. Its been 2 yrs since.
I dont have EAD.
I dont know when the date will be current. But the problem is,
My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
How much time its taking now a days to get the Labor and 140 in EB2.
ANy help and advice in this regards will be very much appreciated
ak
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  #2 (permalink)  
Old 02-01-2010, 08:46 AM
Member
Priority Date
:
Jan-05
Category
:
EB2
I140 Mailed Date
:
07/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/04/2007
Compare
Join Date: Jun 2006
Posts: 56
kanshul is a jewel in the rough kanshul is a jewel in the rough kanshul is a jewel in the rough
Default

Please update your profile.

Did you file I485 (AOS) application?
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  #3 (permalink)  
Old 02-01-2010, 09:55 AM
Senior Member
Priority Date
:
Jun-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 643
gcformeornot will become famous soon enough
Default Op

Quote:
Originally Posted by ayaskant View Post
Hi,
I came to US on h1b in 2007.
I got my labor substituted in 2007 in EB3. My priority date is December 2004.
I got my 140 approved in january 2008. Its been 2 yrs since.
I dont have EAD.
I dont know when the date will be current. But the problem is,
My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
How much time its taking now a days to get the Labor and 140 in EB2.
ANy help and advice in this regards will be very much appreciated
ak
so you came to US in 2007 and u substituted labor with PD 2004. how much did you pay for this?
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  #4 (permalink)  
Old 02-01-2010, 10:34 AM
Junior Member
Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2010
Posts: 6
ayaskant is infamous around these parts
Default

Dude,
My employer filed it on my behalf. I didn't pay anything for it.
I think ur question is unrelated to what I asked.
Try answering my questions if you can.
AK
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  #5 (permalink)  
Old 02-01-2010, 10:36 AM
Member
Priority Date
:
Jan-05
Category
:
EB2
I140 Mailed Date
:
07/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/04/2007
Compare
Join Date: Jun 2006
Posts: 56
kanshul is a jewel in the rough kanshul is a jewel in the rough kanshul is a jewel in the rough
Default

Fair enough.

You said you don't have EAD.

Did you file for 485? If yes was it in July 2007? Please update your profile.
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  #6 (permalink)  
Old 02-01-2010, 10:42 AM
Junior Member
Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2010
Posts: 6
ayaskant is infamous around these parts
Default

No I didn't file for EAD. I know I should have.
I am updating my profile now.
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  #7 (permalink)  
Old 02-01-2010, 10:48 AM
Junior Member
Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2010
Posts: 6
ayaskant is infamous around these parts
Default

I updated my profile with the information I know.
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  #8 (permalink)  
Old 02-01-2010, 10:50 AM
Member
Priority Date
:
Jan-05
Category
:
EB2
I140 Mailed Date
:
07/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/04/2007
Compare
Join Date: Jun 2006
Posts: 56
kanshul is a jewel in the rough kanshul is a jewel in the rough kanshul is a jewel in the rough
Default

OK, there is still one important thing missing. Did you file for I485? You could have filed in July 07.
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  #9 (permalink)  
Old 02-01-2010, 10:59 AM
Donor
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
09/10/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 2,290
snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default

You did substitude and want to keep that PD. ...

But you wont be able to do so....
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  #10 (permalink)  
Old 02-01-2010, 11:04 AM
Junior Member
Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2010
Posts: 6
ayaskant is infamous around these parts
Default

No I didn't file for 485.
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  #11 (permalink)  
Old 02-01-2010, 11:08 AM
Member
Priority Date
:
Jan-05
Category
:
EB2
I140 Mailed Date
:
07/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/04/2007
Compare
Join Date: Jun 2006
Posts: 56
kanshul is a jewel in the rough kanshul is a jewel in the rough kanshul is a jewel in the rough
Default

Honestly you are not in very good shape. You can't use AC21 so can't port your GC.

If your old employer withdraws your 140 (which many small firms do) you won't get to retain your PD. Now some lawyers think you may retain your PD but it is debatable.

Also, if you file your GC through a respectable non H1B dependent firm and your case does not go for audit, you will get labor + 140 within a year. Else it may take 3+ years.
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  #12 (permalink)  
Old 02-01-2010, 11:20 AM
Junior Member
Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2010
Posts: 6
ayaskant is infamous around these parts
Default

Thanks kanshul for ur reply. What is your suggestion for me.
Should I stick onto my current employer.
Do you have any clue when will be the date current for me.Any chance in this year?
My clients have made my life hell forcing me to join in the company as permanent.
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  #13 (permalink)  
Old 02-01-2010, 11:40 AM
Member
Priority Date
:
Jan-05
Category
:
EB2
I140 Mailed Date
:
07/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/04/2007
Compare
Join Date: Jun 2006
Posts: 56
kanshul is a jewel in the rough kanshul is a jewel in the rough kanshul is a jewel in the rough
Default

Client forcing you is very typical.

Here is an option to consider: can your employer (who I am assuming is a small desi firm) file your GC though another sister firm (not unusual) in EB2. Assuming that you get it, and retain your PD, you should be able to get your GC within a year if there is no audit in labor / 140. Remember in EB2 the date for Indian is Jan 05 and your PD is before that.

Assuming that you can't keep PD if employer withdraws 140; I would recommed going that route even if you have to find another client.

Also, check with an attorney to find out about PD as you may be able to keep it even if 140 is withdrawn. In that case you can join any company (even your client ) and start GC through EB2.
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  #14 (permalink)  
Old 02-01-2010, 11:42 AM
Member
Priority Date
:
Jan-05
Category
:
EB2
I140 Mailed Date
:
07/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/04/2007
Compare
Join Date: Jun 2006
Posts: 56
kanshul is a jewel in the rough kanshul is a jewel in the rough kanshul is a jewel in the rough
Default

Your EB3 date (dec 2004) will not be current for the next 12 years, check the link - when will I get my GC on the front page for this site.
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