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Bhaskar_80 09-22-2011 08:34 PM

I 140 Approved (Change of Employer)
 
Hi All,

I am currently working for a company A (Financial position not Good and lay offs are happening) which is sponsoring my Green Card. I am on EB2 priority date (OCT 2009). My PERM and I-140 are approved and waiting for my priority date to become current.

Meanwhile I have got a new position with company B and company B is willing to sponsor my Visa as well as my Green Card. What do i need in order to retain my priority date. I think I can port my priority date to the PERM process of company B.
Also let me know what documents do I need to have with me once I join the new company so that when I file for labor from company B I can retain my priority date as OCT 2009.

I would be happy if somebody can help me with your valuable inputs on this regard.

permfiling 09-22-2011 11:19 PM

get a copy of I-140
 
Quote:

Originally Posted by Bhaskar_80 (Post 2891802)
Hi All,

I am currently working for a company A (Financial position not Good and lay offs are happening) which is sponsoring my Green Card. I am on EB2 priority date (OCT 2009). My PERM and I-140 are approved and waiting for my priority date to become current.

Meanwhile I have got a new position with company B and company B is willing to sponsor my Visa as well as my Green Card. What do i need in order to retain my priority date. I think I can port my priority date to the PERM process of company B.
Also let me know what documents do I need to have with me once I join the new company so that when I file for labor from company B I can retain my priority date as OCT 2009.

I would be happy if somebody can help me with your valuable inputs on this regard.

Get a copy of I-140 and make sure that the company A does not withdraw your I-140

SGP 09-23-2011 10:05 AM

Quote:

Originally Posted by Bhaskar_80 (Post 2891802)
Hi All,

I am currently working for a company A (Financial position not Good and lay offs are happening) which is sponsoring my Green Card. I am on EB2 priority date (OCT 2009). My PERM and I-140 are approved and waiting for my priority date to become current.

Meanwhile I have got a new position with company B and company B is willing to sponsor my Visa as well as my Green Card. What do i need in order to retain my priority date. I think I can port my priority date to the PERM process of company B.
Also let me know what documents do I need to have with me once I join the new company so that when I file for labor from company B I can retain my priority date as OCT 2009.

I would be happy if somebody can help me with your valuable inputs on this regard.

Sorry to hear about your position.

First and foremost is maintain your legal status. Till when is your H1B valid? Ask company B to file for H1B immediately.

Yes, Copy of approved I-140 is very important.
You will have to start all over with the labor process once again with company B. This is in case you have not applied for your I-485 yet. The labor process starting from PWD to approval should take approx 4 to 6 months. Once labor is approved then obtaining I-140 from date of filing for it will take approx 4 months. This is the time you will need your copy of old approved I-140 for "Porting the date"

Good luck! :)

Bhaskar_80 09-23-2011 11:24 AM

Hi ,

Thanks for your reply. My H1 Visa is valid for another 2.5 years. Jan 2011 when i went to my country I got the Visa stamping also valid for the next 2.5 years.

I have read about Refiling labor and I-140 from the new company from the beginning as I did not file for I-1485.

Copy of Approved I-140??? Do you mean the approval notice? Please let me know

stlouisguy 09-23-2011 01:58 PM

Mango23
 
Yes you need to take your I-140 xerox copy atleast from your employer, then you can retain your old priority date while filing again

2.5 yrs-> you have enough time to clear Labor and 140, first transfer your H1B then you start your green card process again


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