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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 10-01-2006, 09:32 PM
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I140 Mailed Date
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07/10/2006
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czar_the_king has a spectacular aura about czar_the_king has a spectacular aura about
Default Change company after I-140 approved

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
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  #2 (permalink)  
Old 10-01-2006, 09:34 PM
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zhoeno will become famous soon enough
Default

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

Last edited by zhoeno; 10-01-2006 at 09:50 PM.
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  #3 (permalink)  
Old 10-01-2006, 11:38 PM
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qplearn will become famous soon enough
Default be careful; this is about a merger or takeover

Quote:
Originally Posted by zhoeno
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

Last edited by qplearn; 10-01-2006 at 11:46 PM.
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  #4 (permalink)  
Old 10-02-2006, 08:30 AM
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Priority Date
:
Dec-03
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I140 Mailed Date
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08/08/2008
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a1b2c3 is a splendid one to behold a1b2c3 is a splendid one to behold a1b2c3 is a splendid one to behold a1b2c3 is a splendid one to behold a1b2c3 is a splendid one to behold a1b2c3 is a splendid one to behold a1b2c3 is a splendid one to behold
Default I'm in a similar situation!

Quote:
Originally Posted by czar_the_king
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....!
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  #5 (permalink)  
Old 10-03-2006, 08:25 PM
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IllinoisGC is on a distinguished road
Red face Appreciate sharing your experiences..

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


Quote:
Originally Posted by a1b2c3
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....!
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  #6 (permalink)  
Old 10-03-2006, 09:54 PM
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Priority Date
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Nov-05
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I140 Mailed Date
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05/01/2007
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gc_in_30_yrs is on a distinguished road
Thumbs up wait for 4 months

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)

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  #7 (permalink)  
Old 10-05-2006, 12:39 PM
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MA001 is on a distinguished road
Default I140 approved, company merger

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.
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  #8 (permalink)  
Old 10-05-2006, 03:51 PM
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Priority Date
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Aug-02
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MannyD is on a distinguished road
Default

Quote:
Originally Posted by MA001
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.
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  #9 (permalink)  
Old 10-05-2006, 08:06 PM
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Priority Date
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Oct-02
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MA001 is on a distinguished road
Default

Quote:
Originally Posted by MA001
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)

Last edited by MA001; 10-09-2006 at 05:39 PM.
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  #10 (permalink)  
Old 10-06-2006, 02:33 AM
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smiledentist is on a distinguished road
Default My situation.

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.
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  #11 (permalink)  
Old 10-06-2006, 02:37 PM
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smiledentist is on a distinguished road
Default any advice

Any advice

Quote:
Originally Posted by smiledentist
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.
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  #12 (permalink)  
Old 10-06-2006, 04:46 PM
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I140 Mailed Date
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Default

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.
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  #13 (permalink)  
Old 10-06-2006, 09:35 PM
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smiledentist is on a distinguished road
Default

No both partners are seperating and assets and liabilities are divided into two.


1
Quote:
Originally Posted by GCwaitforever
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.
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  #14 (permalink)  
Old 10-08-2006, 01:22 PM
Senior Member
Priority Date
:
Dec-03
Category
:
EB2
I140 Mailed Date
:
08/08/2008
Chargeability
:
India
Processing Stage
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I485 Mailed Date
:
08/08/2008
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Join Date: May 2006
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a1b2c3 is a splendid one to behold a1b2c3 is a splendid one to behold a1b2c3 is a splendid one to behold a1b2c3 is a splendid one to behold a1b2c3 is a splendid one to behold a1b2c3 is a splendid one to behold a1b2c3 is a splendid one to behold
Default I will share my info....

Quote:
Originally Posted by IllinoisGC
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.
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  #15 (permalink)  
Old 10-09-2006, 05:40 PM
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Priority Date
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Oct-02
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MA001 is on a distinguished road
Default Please give some information

Quote:
Originally Posted by MA001
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
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