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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 11-20-2006, 10:32 AM
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Priority Date
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Dec-04
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EB3
I140 Mailed Date
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India
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I485 Mailed Date
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Join Date: Oct 2006
Posts: 20
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Default Changing the employer after I-140

Hi ! I'm in 4th yr of H1B with PD 2004 and hv approved labor and I-140. Becoz of retrogression couldn't apply for I-485. My company is not doing good and there is every possibility of losing the job. I got a good job offer in another American company but the employer is not ready to do GC. He wants a permanent employee and willing to transfer my H1B. When I approached a fried/recruiter for advice, he said the following option. Needs second advise, any one please suggest pros & cons of this process.

Transfer the H1B to American company and start working as permanent employee. Don't ask for Green card process.

Start Labor in perm with a desi recruiter and apply for I-140 (current employer will not revoke the I-140).

Once the PD is current, resign the American company and join the recruiter and apply for I-485 and search for any job with the recruiter.

I know it is little confusing, but badly in need of a job at the same time doesn't want to lose the PD.
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  #2 (permalink)  
Old 11-20-2006, 10:39 AM
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Priority Date
:
Sep-06
Category
:
EB3
I140 Mailed Date
:
10/30/2006
Chargeability
:
Nigeria
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Join Date: Jun 2006
Posts: 703
fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute
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Quote:
Originally Posted by rag_1970
Hi ! I'm in 4th yr of H1B with PD 2004 and hv approved labor and I-140. Becoz of retrogression couldn't apply for I-485. My company is not doing good and there is every possibility of losing the job. I got a good job offer in another American company but the employer is not ready to do GC. He wants a permanent employee and willing to transfer my H1B. When I approached a fried/recruiter for advice, he said the following option. Needs second advise, any one please suggest pros & cons of this process.

Transfer the H1B to American company and start working as permanent employee. Don't ask for Green card process.

Start Labor in perm with a desi recruiter and apply for I-140 (current employer will not revoke the I-140).

Once the PD is current, resign the American company and join the recruiter and apply for I-485 and search for any job with the recruiter.

I know it is little confusing, but badly in need of a job at the same time doesn't want to lose the PD.
The above scenario depends on whether your H1B is beyond the 6th year limit or not. If H1B is over 6 years there is agrey are as to whether you can transfer an H1 based on approved I-140. Other than that, you may be okay with the suggestion given to you, except that you don't have to work for the employer applying for your green card until Gc is approved.
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"All the problems we face in the United States today can be traced to an unenlightened immigration policy on the part of the American Indian."
- Pat Paulsen
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  #3 (permalink)  
Old 11-20-2006, 11:40 AM
Junior Member
Priority Date
:
Dec-04
Category
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I140 Mailed Date
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:
India
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I-140
I485 Mailed Date
:
Compare
Join Date: Oct 2006
Posts: 20
rag_1970 is on a distinguished road
Default changing the employer after I-140 approved

Quote:
Originally Posted by fromnaija
The above scenario depends on whether your H1B is beyond the 6th year limit or not. If H1B is over 6 years there is agrey are as to whether you can transfer an H1 based on approved I-140. Other than that, you may be okay with the suggestion given to you, except that you don't have to work for the employer applying for your green card until Gc is approved.
Thanks for your reply. I have another 2 years on my H1B i.e I'm in my 4th year of H1B. Also could u pl. explain me your last statement. Is it feasible to work with one company and file GC with another employer ? Do I need to come to the employer once the labor is approved?
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  #4 (permalink)  
Old 11-20-2006, 11:42 AM
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Join Date: Apr 2006
Posts: 302
qualified_trash is a splendid one to behold qualified_trash is a splendid one to behold qualified_trash is a splendid one to behold qualified_trash is a splendid one to behold qualified_trash is a splendid one to behold qualified_trash is a splendid one to behold qualified_trash is a splendid one to behold
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why do you just not join a consulting company and get a contract now? I would be very wary of a company that only wants to do your H1 and not do your GC.
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  #5 (permalink)  
Old 11-20-2006, 11:51 AM
Senior Member
Priority Date
:
Sep-06
Category
:
EB3
I140 Mailed Date
:
10/30/2006
Chargeability
:
Nigeria
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jun 2006
Posts: 703
fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute fromnaija has a reputation beyond repute
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Quote:
Originally Posted by rag_1970
Thanks for your reply. I have another 2 years on my H1B i.e I'm in my 4th year of H1B. Also could u pl. explain me your last statement. Is it feasible to work with one company and file GC with another employer ? Do I need to come to the employer once the labor is approved?
Technically you may work for one employer and have another employer process your GC but as qualified-trash posted, I will be wary of an employer that wants to employ you on H1B and not process your GC.
However, if you want to proceed in your direction, you don't have to work for the other employer until green card is approved. If you want to work for him before then, you will need a work authorization (probably H1B) to do so.
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- Pat Paulsen
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