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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 06-12-2007, 08:31 PM
Junior Member
Priority Date
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Jan-06
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EB3
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Nitu Singh is on a distinguished road
Question Need Info about change of empl(I-140 apprl) when 1yr left to complete six yrs on H1 b

My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:

1) Can I change the employer after I get my 3 year extension on H1 ?

2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?

3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?

4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?

I really appreciate your valuable inputs and help me out.
Thanks a lot!
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  #2 (permalink)  
Old 06-12-2007, 08:38 PM
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
10/09/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
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Join Date: Mar 2006
Posts: 504
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See my response below:-

Quote:
Originally Posted by Nitu Singh
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:

1) Can I change the employer after I get my 3 year extension on H1 ?
Yes

2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes

3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes

4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
Once you have one labor file, which you already have, you can use that to get extension in your new company. I did the same. But since you already applied for 3 yr extension, you don't even need to worry about this thing. Simply transfer your H1 to new company and refile your labor and port the priority date.

I really appreciate your valuable inputs and help me out.
Thanks a lot!
__________________
EB2 PD: Jul '06
I-140: Sept '06 from TSC
485 Filed - July 2nd at NSC
LUD - 06/02/2011
CPO Email - 6/2/20111
Cards Received - 6/9/2011

Finally maDemygc
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  #3 (permalink)  
Old 06-12-2007, 08:46 PM
Senior Member
Priority Date
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Oct-06
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I140 Mailed Date
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
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Can I change the employer after I get my 3 year extension on H1 ?

The 3 year extension of h1 also allows portability - so emp change is ok.

2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?

Yes - gc is a future job offer - ur previous 140 can be used for h1 status extensions

3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes - once u have an approved 140 ur pd can be ported to any new gc applications

4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?

there is no such requirement - i guess ur asking if u start the gc thru new emp in 6th year can u get extn? in this case u can use the old 140 approval and request 3 year extn, or if u get the new approval use that instead
__________________
This is not legal advice
Total Contributions to date:: over $750
PD Oct 2006/EB2/India
I140 approval Oct 2006
I485 filed Jul 2 07
I485 approved on Jul 25 2011
Received green cards on Jul 28 2011
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  #4 (permalink)  
Old 06-12-2007, 11:33 PM
Junior Member
Priority Date
:
Jan-06
Category
:
EB3
I140 Mailed Date
:
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:
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Jun 2007
Posts: 3
Nitu Singh is on a distinguished road
Default if i-140 is revoked by current employer(old)

Thanks for the prompt reply and need clarification on few more things....
like when the new co is in the process of transfer of h1 or after the transfer of h1 the old co revoke I-140 then ...
1) Will I be able to get 3 yrs extension or that extension will be valid after H1 transfer ?
2) How it will effect the future GC process by new Co.?

need your suggestion on these too:
3) thinking worse scenario.. after H1 transfer to new co if lay off happens...then
how things will work out to stay on H1 status?
4) what I should discuss/need to clarify with new empl before making a move ?

thanks!
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  #5 (permalink)  
Old 06-13-2007, 04:31 AM
Junior Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
10/25/2006
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/15/2007
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Default question about priority dates

for the case mentioned in this thread, will the priority date be the date of filing of Labor cert or the 140 approval date after the candidate moves to a new employer after 140 approval? could someone please clarify this for me. will greatly appreciate it.
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  #6 (permalink)  
Old 06-13-2007, 06:43 AM
Senior Member
Priority Date
:
Mar-03
Category
:
EB3
I140 Mailed Date
:
05/31/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
05/31/2007
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Quote:
Originally Posted by abc1125
for the case mentioned in this thread, will the priority date be the date of filing of Labor cert or the 140 approval date after the candidate moves to a new employer after 140 approval? could someone please clarify this for me. will greatly appreciate it.
PD is always LC filing date. He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140. There might be a little risk if the old one he got was a sunstitued one.

Last edited by reddymjm; 06-13-2007 at 06:45 AM.
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  #7 (permalink)  
Old 06-13-2007, 09:22 AM
Senior Member
Priority Date
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Before 2000
Category
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N/A
I140 Mailed Date
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India
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N/A
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Quote:
Originally Posted by reddymjm
PD is always LC filing date.
Incorrect. It is not always.
In most cases, LC filing date is the Priority Date.
A Priority Date is the date that a Labor Certification is filed with the State Workforce Commission or the date that an immigration petition (I-140/I-130) is filed, whichever comes first.


He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140.
Incorrect.
There is risk involved if the old I-140 is revoked or canceled. Please check with your lawyer/attorney.


There might be a little risk if the old one he got was a substituted one.
.
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