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  #1 (permalink)  
Old 11-19-2015, 10:11 PM
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radhaiv is on a distinguished road
Default Approved 1-140 in EB2 (4 years), Lay Off now

I was happy for only two weeks in September, Thanks to magic visa bulletin on 9th Sep, but lost hope on 25th Sep, as the dates got back to July 2009. I am sure millions of immigrants might have gone through it.

I have EB2 I-140 approved in April 2011, My priority date is Dec 2010.

My employment would be ending in few weeks due to LayOff. I am in US for more than 10 years.

I am looking for new employer to do my H1B transfer. I got very good opportunity last week, but at final moment I LOST as that employer has a policy of Neither H1B transfer nor GC Process

Just checking, how EAD I-140 rule would help me, if it comes in.

1) Would it help me to get EAD with my current approved I-140 event after joining new employer?

2) Does new employer needs to start my GC processing from Labor and I-140 again as I am no longer work with employer where I got approved i-140

3) May I know do I have other options ?

Please let me know, I would plan accordingly.
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  #2 (permalink)  
Old 11-20-2015, 08:54 AM
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buffbloke is infamous around these parts buffbloke is infamous around these parts
Default Re: Approved 1-140 in EB2 (4 years), Lay Off now

Sorry to hear about your situation.

1) Would it help me to get EAD with my current approved I-140 event after joining new employer?

Not if I-140 is withdrawn by the employer.

2) Does new employer needs to start my GC processing from Labor and I-140 again as I am no longer work with employer where I got approved i-140

Unfortunately yes. If you get a new job before I-140 is withdrawn, you will get a 3 yr H1 based on existing 1-140. This should give you enough time to re-do PERM, Labor and 140 with the new employer and port the earlier date. Otherwise you risk being ineligible for H1 because your 6 years on H1 have been exhausted.

3) May I know do I have other options ?
If applicable, you can apply to be on H4 and simultaneously apply for a H4-EAD. To the best of my knowledge this is the only immediate relief from the H1-Labor-PERM cycle available. I doubt I140 EAD is going to materialize in time for you to use in near future.
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Old 11-20-2015, 09:33 AM
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radhaiv is on a distinguished road
Default

Thank you buffbloke.

The attorney confirmed during my last conversation with HR and Attorney, it is their policy not to withdraw I-140. Till now they never withdrawn I-140.

I would join new employer in Jan 2016. They would take minimum of 12 to 15 months to file new PERM. It takes another 9 months for approval, 6 months for I-140. To get into my current situation it would take another 3 years, assuming the new employer don't lay-off. This is not a good situation for most of the immigrants. I would say UGLY situation.

I am not sure when would be the EAD I-140 rule would be available. Assume it comes in June 2016, as officers are cooking the rule over an year. Hope it would not be over-cooked or half-cooked with many IFs and ELSEs.

Does the new employer needs to

1) port the both approved PERM and I-140 from previous employer?
Or
2) Port the approved I-140 only from previous employer?

Please let me know.
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Old 11-20-2015, 09:58 AM
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wetfeet80 is on a distinguished road
Default

Quote:
Originally Posted by radhaiv View Post
1) port the both approved PERM and I-140 from previous employer?
Or
2) Port the approved I-140 only from previous employer?

Please let me know.
Everything happens from scratch. Just when new 140 is applied, they sent a copy of old 140 requesting for PD retention.
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Old 11-20-2015, 12:16 PM
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buffbloke is infamous around these parts buffbloke is infamous around these parts
Default

That's right.

The only thing you can carry is the date itself. Everything else needs to be done anew.
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  #6 (permalink)  
Old 11-23-2015, 05:57 PM
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radhaiv is on a distinguished road
Default

Thank you.

I hope the I-140 Portability would be helpful in my situation. I am sure it helps many people.

I wish it would be out soon.
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