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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 02-05-2008, 06:43 PM
DSP DSP is offline
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Priority Date
:
Nov-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Default I140 approved, can I transfer H1 and continue the GC app with prev. employer?

Gurus, please advise.

I have an approved I140 (PD Nov 2006) with Company A and wish to transfer H1B to Company B, have not applied for I485 yet.

I understand that I can port the PD if I file new LC with Company B. Can I just transfer H1 and keep the GC application with Company A if they do not have any problem keeping my application active till I file I485?

Thanks in advance for the help,
DSP
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  #2 (permalink)  
Old 02-05-2008, 07:59 PM
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
02/25/2007
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:
India
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I-485
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:
07/02/2007
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Becks will become famous soon enough Becks will become famous soon enough
Default Yes, you can transfer H1 and retain same PD.

Yes, you can transfer H1 and retain same PD since your 140 is approved.
__________________
PD: 12/28/2006
Catagory: EB2 (BS + 5 years)
I140 Approved: 11/07/2007(NSC)
485 Filed: 07/02/2007 (NSC) -- Approved on 07/12/2011
AC21: 05/2008
RFE : 03/2009 (EVL)
I485 Approved: 07/12/2011


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Last edited by Becks; 02-05-2008 at 08:03 PM.
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  #3 (permalink)  
Old 02-05-2008, 08:26 PM
DSP DSP is offline
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Priority Date
:
Nov-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Nov 2007
Posts: 13
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Default Can I keep the GC app. with prev employer?

Thanks for the reply Becks, my question is can I keep working for company B and keep the GC app. active with the previous employer company A untill the GC is approved?

Thanks!
DSP
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  #4 (permalink)  
Old 02-05-2008, 08:57 PM
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Priority Date
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Feb-02
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I140 Mailed Date
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N/A
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Default

Quote:
Originally Posted by DSP View Post
Thanks for the reply Becks, my question is can I keep working for company B and keep the GC app. active with the previous employer company A untill the GC is approved?

Thanks!
DSP
Yes, you can keep your I-485 active, that was the purpose of AC21 in the first place. No need to file second LC and start a new process as long as your new job is same or similar and your I-485 has been pending for more than 180 days.
__________________
If you don't like something, change it. If you can't change it, change your attitude. Don't complain...
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  #5 (permalink)  
Old 02-05-2008, 10:58 PM
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
01/15/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/15/2007
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Default

DSP,

You must be feeling like banging u r head to wall for not getting proper answers I guess..!!!
Anyway here is my thought ..
Since you have not applied for 485, you can request your present employer(who filed u r i-140) to keep GC process going on. By this what I mean is , request them if they r willing to file for 485 when the dates becomes current. But when they file for your 485 they need to file as future employment since you won't be working for them.

I doubt if they will be willing to do this. With what assurance can they agree for this when you are not willing to be with them until dates becomes current.
__________________
PD: Dec 2006
Type: EB2
GC approved : July 12th, 2011

We have two futures; future of desire and future of faith. Man has not learnt to reconcile both.
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  #6 (permalink)  
Old 02-06-2008, 12:28 AM
DSP DSP is offline
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Priority Date
:
Nov-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Nov 2007
Posts: 13
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Default Exactly!!! ... TabletPC ... Thanks for understanding my situation

TabletPC,

So what is the procedure for porting the PD to a different employer B?

Will I need to file for another labor and I140 and that the only difference would be that I will carry the previous PD instead of the new one?

How do we do it? Please ignore my ignorance and thanks for the reply.

DSP
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  #7 (permalink)  
Old 02-06-2008, 06:13 PM
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
01/15/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/15/2007
Compare
Join Date: Jul 2007
Posts: 388
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Default

So what is the procedure for porting the PD to a different employer B?

The new employer need to file PERM and I-140 with your old PD.

Will I need to file for another labor and I140 and that the only difference would be that I will carry the previous PD instead of the new one?

Yup..!!!

How do we do it? Please ignore my ignorance and thanks for the reply.

Attorneys will do it. Don't worry just tell them you have earlier PD and want to port it once your neew PERM gets approved.
__________________
PD: Dec 2006
Type: EB2
GC approved : July 12th, 2011

We have two futures; future of desire and future of faith. Man has not learnt to reconcile both.
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  #8 (permalink)  
Old 02-06-2008, 06:26 PM
DSP DSP is offline
Junior Member
Priority Date
:
Nov-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Nov 2007
Posts: 13
DSP is a splendid one to behold DSP is a splendid one to behold DSP is a splendid one to behold DSP is a splendid one to behold DSP is a splendid one to behold DSP is a splendid one to behold
Default

Thanks TabletPC for your advice !

DSP
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