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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #1 (permalink)  
Old 07-28-2010, 11:30 AM
Junior Member
Priority Date
:
Oct-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Jun 2008
Posts: 4
govindraj76 is on a distinguished road
Default 7 th year on H1 (expires in 4 months). PD porting options with new employer.

Please help.

GC Status : Filed in EB3, PD OCT 2004. I-485 not filed.
I-140 status : Approved
Visa status : My LCA/H1visa end date is March 2011.

Situation:
I am on 7th year extension. H1 extension was approved based on approved I-140.
H1 extension is set to expire in March 2011 (7-8 months)

There is a need for me to switch current employer.

Question:


1) Can I transfer my current H1B to a different employer now and apply for extension with new employer based on EB3 - I140 approval from previous employer.

2) Once I start the GC process with new employer, Can I start GC process in EB2 and keep the PD of EB3 date ? If so what are the documents required from my current employer.

Eb3 -> Eb2. Should new job should be in same area or ? My skillsets have changed and meets EB2 requirements.

3) Will my stay in US beyond the current H1 expiration date (March 2011), is going to be determined based on GC status with new employer ? or Can I continue applying for H1
extension with my new employer based on approved I-140 from prior employer ?

Thanks/
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  #2 (permalink)  
Old 07-28-2010, 03:10 PM
Junior Member
Priority Date
:
Oct-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jun 2008
Posts: 4
govindraj76 is on a distinguished road
Default

Any suggestions ?
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  #3 (permalink)  
Old 07-28-2010, 03:22 PM
Donor
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
08/14/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/14/2007
Compare
Join Date: Jun 2007
Posts: 997
gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of
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Please see replies inline
Quote:
Originally Posted by govindraj76 View Post
Please help.

GC Status : Filed in EB3, PD OCT 2004. I-485 not filed.
I-140 status : Approved
Visa status : My LCA/H1visa end date is March 2011.

Situation:
I am on 7th year extension. H1 extension was approved based on approved I-140.
H1 extension is set to expire in March 2011 (7-8 months)

There is a need for me to switch current employer.

Question:


1) Can I transfer my current H1B to a different employer now and apply for extension with new employer based on EB3 - I140 approval from previous employer.

YES

2) Once I start the GC process with new employer, Can I start GC process in EB2 and keep the PD of EB3 date ? If so what are the documents required from my current employer.

YES. Documents ? maybe experience certificate

Eb3 -> Eb2. Should new job should be in same area or ? My skillsets have changed and meets EB2 requirements.

Since it is a new GC filing skillsets can be different


3) Will my stay in US beyond the current H1 expiration date (March 2011), is going to be determined based on GC status with new employer ? or Can I continue applying for H1
extension with my new employer based on approved I-140 from prior employer ?

If your 140 is active ( not withdrawn), you should be able to get extension based on your old I-140

Thanks/

Last edited by gc28262; 07-28-2010 at 03:25 PM.
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  #4 (permalink)  
Old 07-28-2010, 03:24 PM
Senior Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
04/17/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: Jul 2008
Posts: 233
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Default

Quote:
Originally Posted by govindraj76 View Post
Please help.

GC Status : Filed in EB3, PD OCT 2004. I-485 not filed.
I-140 status : Approved
Visa status : My LCA/H1visa end date is March 2011.

Situation:
I am on 7th year extension. H1 extension was approved based on approved I-140.
H1 extension is set to expire in March 2011 (7-8 months)

There is a need for me to switch current employer.

Question:


1) Can I transfer my current H1B to a different employer now and apply for extension with new employer based on EB3 - I140 approval from previous employer.

2) Once I start the GC process with new employer, Can I start GC process in EB2 and keep the PD of EB3 date ? If so what are the documents required from my current employer.

Eb3 -> Eb2. Should new job should be in same area or ? My skillsets have changed and meets EB2 requirements.

3) Will my stay in US beyond the current H1 expiration date (March 2011), is going to be determined based on GC status with new employer ? or Can I continue applying for H1
extension with my new employer based on approved I-140 from prior employer ?

Thanks/
IMHO

1) Yes you can

2) Your new Job must qualify for EB2 category

3)You can continue to apply for H1 with new employer

Contact a good attorney

since your employer may withdraw your I 140 before your H1b Approval it may cause some problems ....If your employer is ready to hold your I 140 i think you should be good.

Just contact a attorney you may end up spending couple of hundred $ but its worth
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