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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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Old 02-28-2008, 11:19 AM
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neo_ny is on a distinguished road
Default GC Process Impact: Transfer between Parent & Sub

Hello Everyone -

I had a question and I was wondering if anyone has any insights into it. Here is the situation: I work for a reputed firm on H1-B for over a year now - havent started GC process yet. The firm has created a new subsidiary (100% owned, same location etc) to pursue certain new business avenues and I am being offered an opportunity to work in it. As with any new initiative this might take off or not and we won't know it for a year or so. I was wondering if I start my GC process when I am employed in the subsidiary is there a way to keep the application alive i.e not lose my PD if I eventually end up transferring back to the parent. I know that there is a way to port PD once I-140 is approved but what if only labor get cleared by the time the firm decides to pull the plug on the new initiative?

I will be discussing it with a counsel but wanted to know if anyone had any first hand experience.

Thanks,
Neo
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