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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 08-11-2006, 08:04 PM
Junior Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: May 2006
Posts: 4
lonemetro is on a distinguished road
Default Changing employer while 140 is pending

Dear Friends,

I finally got my RIR/EB-3 approved. My lawyer just mailed out EB-3/I-140. Now, our parent company is trying to transfer me there to work for them. Because the parent company has totally different name and tax id, that means I will need to start from H1B-PERM-I140 all over again.
If I start working for the parent company before the current EB-3/I-140 gets approved, will I still be able to use its Priority Date when I apply for the new EB-2/I-140 under parentcompany? What if the parent company decide to close down my current company before EB-3/I-140 gets approved, will that I-140 still be valid?
Any input is welcome and appreciated.

Thanks much!
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  #2 (permalink)  
Old 08-15-2006, 02:41 PM
Senior Member
Priority Date
:
Jul-04
Category
:
EB3
I140 Mailed Date
:
12/29/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/29/2004
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Join Date: Jul 2006
Posts: 111
BumbleBee will become famous soon enough BumbleBee will become famous soon enough
Default Yes!!!

Yes lonemetro,
You can re-use priority date established on first I-140 for any sub-sequent I-140 filling. As I understand from your post, you have EB3 labor approved and have just filed for I-140 based on it.
Now, parent company wants to transfer you. Generally I would think you should be able to transfer and still have your GC process going if the company indeed is a 'parent company' but seems there is something different here.

As a general rule, as long as your previously approved I-140 remained approved, you can re-use priority date established for that I-140 for any subsequent I-140 petition. The sub-sequent petition can be with any employer, and yes, you would need a new labor to file that new I-140

Try EB1 or EB2 this time

BumbleBee
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  #3 (permalink)  
Old 08-15-2006, 04:51 PM
Junior Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2006
Posts: 4
lonemetro is on a distinguished road
Default

Thanks much for your reply, BumbleBee.

There will be a great chance that my parent company will close down my current company after I'm transferred to them. I don't think my current employee will withdraw my I-140 case in the future. Hopefully that I-140 will go thru so I can use its PD for my future PERM/I-140 application.
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