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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 12-10-2007, 04:25 PM
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Mar-07
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Indian_dude is on a distinguished road
Default Laid off, 140/485 pending for less than 180 days

Hello everyone,

I am looking for some guidance in this newly created situation. Here's the brief:
I have been working on H1-B since 4.5 years, my company started my GC processing in Mar 07. Labor got approved in July 07 and I-140/485 were concurrent filed for myself and my husband on 08/15/07. We received our EAD's in November 07. So far so good. Now here's when trouble starts.

Last week my position was eliminated and I was let go. My company has agreed not to inform USCIS about my H1 for next 30 days this way I can find something for myself in the meantime. They have also agreed to not withdraw the I140 Petition. Hoping that I140 gets approved in next 6-8 months without any RFE's (fingers crossed), here's what I would like to know:
- Do I need to start a frest GC petition with a new employer or can I use my current open file and carry the PD with me? Not sure how it works and what do I need to do for that.
-For EB3 the PD have retrogressed to 01, this means 6 years before I get my GC. That absolutely sucks.
-My husband has a PHD from US and is currently on non profit H1 (which is not counted against the quota). We thought the EAD would solve all the H1 problems but obviosly that changed. Is it possible for him to file for H1 in april 08 and work on EAD until october 08 and then switch back to H1. Given the current H1 situation where you cannot work until Oct08, we are looking for options. I don't know which companies would hold your position for 6 months till you are eligible to work. It's like catch 22 situation.

Any guidance in the matter would help.

Thanks,
Indian_dude tired of this visa mumbo jumbo.
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  #2 (permalink)  
Old 12-10-2007, 04:52 PM
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Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts
Default Don't panic, you situation is easy to control..

Quote:
Originally Posted by Indian_dude View Post
Hello everyone,

I am looking for some guidance in this newly created situation. Here's the brief:
I have been working on H1-B since 4.5 years, my company started my GC processing in Mar 07. Labor got approved in July 07 and I-140/485 were concurrent filed for myself and my husband on 08/15/07. We received our EAD's in November 07. So far so good. Now here's when trouble starts.

Last week my position was eliminated and I was let go. My company has agreed not to inform USCIS about my H1 for next 30 days this way I can find something for myself in the meantime. They have also agreed to not withdraw the I140 Petition. Hoping that I140 gets approved in next 6-8 months without any RFE's (fingers crossed), here's what I would like to know:
- Do I need to start a frest GC petition with a new employer or can I use my current open file and carry the PD with me? Not sure how it works and what do I need to do for that.
-For EB3 the PD have retrogressed to 01, this means 6 years before I get my GC. That absolutely sucks.
-My husband has a PHD from US and is currently on non profit H1 (which is not counted against the quota). We thought the EAD would solve all the H1 problems but obviosly that changed. Is it possible for him to file for H1 in april 08 and work on EAD until october 08 and then switch back to H1. Given the current H1 situation where you cannot work until Oct08, we are looking for options. I don't know which companies would hold your position for 6 months till you are eligible to work. It's like catch 22 situation.

Any guidance in the matter would help.

Thanks,
Indian_dude tired of this visa mumbo jumbo.
Ok, answer following question:

1.Is your husband on H1b or on EAD? I know he is on non-profit but is he on H1b? Since he is on H1b non-profit why are looking for filing H1b again in 2008 for him??
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  #3 (permalink)  
Old 12-10-2007, 05:03 PM
Senior Member
Priority Date
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Jul-06
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India
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Join Date: Feb 2007
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Default

Quote:
Originally Posted by Indian_dude View Post
Hello everyone,

I am looking for some guidance in this newly created situation. Here's the brief:
I have been working on H1-B since 4.5 years, my company started my GC processing in Mar 07. Labor got approved in July 07 and I-140/485 were concurrent filed for myself and my husband on 08/15/07. We received our EAD's in November 07. So far so good. Now here's when trouble starts.

Last week my position was eliminated and I was let go. My company has agreed not to inform USCIS about my H1 for next 30 days this way I can find something for myself in the meantime. They have also agreed to not withdraw the I140 Petition. Hoping that I140 gets approved in next 6-8 months without any RFE's (fingers crossed), here's what I would like to know:
- Do I need to start a frest GC petition with a new employer or can I use my current open file and carry the PD with me? Not sure how it works and what do I need to do for that.
you can carry the PD only after I-140 is approved. In your case by the time it gets approved, AC-21 also kicks in, so PD recapture is not really needed. If there is any risk of I-140 denial, or just to be on the safe side, you may want to start another GC. That way if this I-140 is denied, you would have a nice backup; if it is approved, then just invoke AC-21 at that point. If denied, you will atleast have a second GC going on which you can get H1 extensions etc going forward.

Quote:
-For EB3 the PD have retrogressed to 01, this means 6 years before I get my GC. That absolutely sucks.
it could actually be worse than that. The annual quota is just 3k visas for EB3-India, and there are more than 3k applicants. If quota met the demand, the wait-times are 6 years, but in reality its much much worse.
EB3-India has been at 2001 from the 2005 visa bulletins, its not moving 1 month every month...

Quote:
-My husband has a PHD from US and is currently on non profit H1 (which is not counted against the quota). We thought the EAD would solve all the H1 problems but obviosly that changed. Is it possible for him to file for H1 in april 08 and work on EAD until october 08 and then switch back to H1. Given the current H1 situation where you cannot work until Oct08, we are looking for options. I don't know which companies would hold your position for 6 months till you are eligible to work. It's like catch 22 situation.
He can apply a for-profit H1 in April and start working on it from October. He can also work on EAD in the meantime, but jumping from EAD to H1 requires a change of status, typically done by leaving and re-entering the US. You need to also be careful with I-140 denial (resulting in EAD getting invalidated, and the EAD-user needing to jump to some status like H1/H4 asap.

Is yoru husband in some sort of research position with lots of papers published and all that? You might explore filing a GC through him as EB1...

Quote:
Indian_dude tired of this visa mumbo jumbo.
you mean dudette...
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  #4 (permalink)  
Old 12-10-2007, 05:05 PM
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Priority Date
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Jul-06
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Default

Quote:
Originally Posted by Munna Bhai View Post
Ok, answer following question:

1.Is your husband on H1b or on EAD? I know he is on non-profit but is he on H1b? Since he is on H1b non-profit why are looking for filing H1b again in 2008 for him??
you are not supposed to transfer an H1 from an uncapped/non-profit to a for-profit one. If his first H1 was for non-profit and he now wants to work in the "regular" industry for a for-profit company, he needs to file a new H1, which is subject to cap (& possible lottery and all that mess)
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  #5 (permalink)  
Old 12-10-2007, 05:08 PM
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Default I think you are not understand this issue

Quote:
Originally Posted by gc_chahiye View Post
you are not supposed to transfer an H1 from an uncapped/non-profit to a for-profit one. If his first H1 was for non-profit and he now wants to work in the "regular" industry for a for-profit company, he needs to file a new H1, which is subject to cap (& possible lottery and all that mess)
My question is why is he trying to jump to profit-H1b-quota? For more money or because the spouse can have H4 through him??
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  #6 (permalink)  
Old 12-10-2007, 05:49 PM
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Indian_dude is on a distinguished road
Default response to your query

Guys,

Thanks for your response.

Gc_chahiye - yes it is actually dudette. :-)

Munnabhai- My husband eventually wants to join industry after finishing his post doc, which is why he would need to apply for a fresh H1 and get counted against the quota.

For AC21 portability clause, do I have to be working with the company for atleast 180 days?

Thanks all.
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  #7 (permalink)  
Old 12-10-2007, 05:57 PM
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Priority Date
:
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I140 Mailed Date
:
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:
Afghanistan
Processing Stage
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N/A
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 501
Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts
Default game plan..

Quote:
Originally Posted by Indian_dude View Post
Guys,

Thanks for your response.

Gc_chahiye - yes it is actually dudette. :-)

Munnabhai- My husband eventually wants to join industry after finishing his post doc, which is why he would need to apply for a fresh H1 and get counted against the quota.

For AC21 portability clause, do I have to be working with the company for atleast 180 days?

Thanks all.
Here is what I will do:

1.Let your husband in on H1b non-profit for some more time.
2.You should jump to H4 status ASAP, to avoid out-of-status issue.
3.Let GC process with other company can continue.
4.You can find another job in H1b and jump from H4 to H1, you can capture rest of 1.5 years.
5.Start fresh process of GC with new company and port PD of old.
6.Wait for the GC processing of the old company,wait and watch.
7.If nothing really happens let old company's GC continue.
8.Yes, for AC21 your I-485 should be as young as 6 months,which means you need to be with that company for 6 months or that company should not revoke for 6 months.

If above doesn't look good, jump on EAD and join any company and any job but see to it that your husband is on H1b status as back up.

hope this helps.
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  #8 (permalink)  
Old 12-10-2007, 05:57 PM
Junior Member
Priority Date
:
Mar-07
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Join Date: Dec 2007
Posts: 3
Indian_dude is on a distinguished road
Default GC thru' EB1

My husband is in a research position, and we are evaluating GC thru' EB1 category. Unfortunately, no one knows how many publications are considered enough or how many references are enough to qualify for a self petitioned EB1. It's an undefined territory.
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