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  #1 (permalink)  
Old 06-22-2010, 07:17 PM
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Post Lateral Move--Advice needed

Attorneys and Folks

I am planning on moving laterally (same position as current) to another state with the same company. I currently have my I-140 approved under EB3I with a priority date of Jan 2008. My H1B has been extended after I-140 got approved and expires Jun 2012.

I know that once I move there, my company needs to reapply my PERM and I-140 and I know that once I get that approved, I can retain my old priority date. My question is after I move, can I look for other jobs simultaneously and if I am able to get one, can I move using my old I-140 approved petition even though my company also would have started from their side?

Any advice is greatly appreciated!

Thanks.
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  #2 (permalink)  
Old 06-23-2010, 11:38 AM
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mdcowboy has a brilliant future mdcowboy has a brilliant future mdcowboy has a brilliant future mdcowboy has a brilliant future mdcowboy has a brilliant future mdcowboy has a brilliant future mdcowboy has a brilliant future mdcowboy has a brilliant future mdcowboy has a brilliant future mdcowboy has a brilliant future mdcowboy has a brilliant future
Question anyone?

Anybody?
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  #3 (permalink)  
Old 06-23-2010, 11:43 AM
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Why do you have to reapply for perm and 140 for the same employer? are you planning to go under EB2? If yes, you have to start from scratch else you just need a new LCA for H1.


Quote:
Originally Posted by mdcowboy View Post
Attorneys and Folks

I am planning on moving laterally (same position as current) to another state with the same company. I currently have my I-140 approved under EB3I with a priority date of Jan 2008. My H1B has been extended after I-140 got approved and expires Jun 2012.

I know that once I move there, my company needs to reapply my PERM and I-140 and I know that once I get that approved, I can retain my old priority date. My question is after I move, can I look for other jobs simultaneously and if I am able to get one, can I move using my old I-140 approved petition even though my company also would have started from their side?

Any advice is greatly appreciated!

Thanks.
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  #4 (permalink)  
Old 06-23-2010, 12:12 PM
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Originally Posted by sdrblr View Post
Why do you have to reapply for perm and 140 for the same employer? are you planning to go under EB2? If yes, you have to start from scratch else you just need a new LCA for H1.
Thanks sdrblr, this is what my lawyer says. They are not applying under eb2..they say that I have to go through the same process as the gc application is location specific and job specific.
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  #5 (permalink)  
Old 06-23-2010, 04:43 PM
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As per my knowledge, your attorney is correct. Since you are moving to a new location and the PERM approval is for the job in your current location, you will have to apply for a new PERM.

I believe that your question earlier is related to whether you can port your priority date from I140 filed by one company to an I140 filed by another company. If so, YES, it is possible. I have a couple of friends who did this and have obtained their GC.

As you are restarting the process, you might want to consider apply in EB2 if you have the qualifications and the job also qualified for it.
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  #6 (permalink)  
Old 06-23-2010, 04:58 PM
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sweet23guyin is a name known to all sweet23guyin is a name known to all sweet23guyin is a name known to all sweet23guyin is a name known to all sweet23guyin is a name known to all sweet23guyin is a name known to all
Default GC is for future employment

Please keep in mind that EB based GC's are for future employment and it has little/no baring to the existing location or work.
I don't see a reason why the earlier approved labor and I140 can't be continued. You may want to talk to your HR/Lawyer and ask why not.
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EB2-India-PD: Nov 2004
Tristate member
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  #7 (permalink)  
Old 06-23-2010, 05:34 PM
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Quote:
Originally Posted by laststraw View Post
As per my knowledge, your attorney is correct. Since you are moving to a new location and the PERM approval is for the job in your current location, you will have to apply for a new PERM.

I believe that your question earlier is related to whether you can port your priority date from I140 filed by one company to an I140 filed by another company. If so, YES, it is possible. I have a couple of friends who did this and have obtained their GC.

As you are restarting the process, you might want to consider apply in EB2 if you have the qualifications and the job also qualified for it.
Thanks Laststraw..my company would not do this through EB2 as the job duties are the same. My question is during the process of them applying for the new PERM and I-140, can I still use my old I-140 to move to another company? This would be say 6-8 months down the line.
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  #8 (permalink)  
Old 06-23-2010, 06:41 PM
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I am assuming that you have H1B time (not beyond 6 years) left to move to a new company and get H1B transfered and PERM filed.

If H1B is not an issue, then you can move to another company and still use the previous priority date. But I hope you understand that you will need to apply for a new PERM and I140 with the new company and only can attach the priority date from previous I140 after the new I140 is approved. This has nothing to do with new PERM and I140 with existing company.
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  #9 (permalink)  
Old 06-23-2010, 06:45 PM
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Quote:
Originally Posted by laststraw View Post
I am assuming that you have H1B time (not beyond 6 years) left to move to a new company and get H1B transfered and PERM filed.

If H1B is not an issue, then you can move to another company and still use the previous priority date. But I hope you understand that you will need to apply for a new PERM and I140 with the new company and only can attach the priority date from previous I140 after the new I140 is approved. This has nothing to do with new PERM and I140 with existing company.
My H1-B is valid until June 2012. This is with the 3 years extension I got after my current I-140 got approved.
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