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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 04-07-2008, 03:17 PM
Member
Priority Date
:
Apr-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
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Join Date: Jul 2007
Posts: 25
waitforgc123 is on a distinguished road
Default Job change after 6 years.

Hello,

I had my I140 approved with company A and based on that had got a 3 year extension when I completed my 6 years on H1. Now I am moving to company B and have an extension till 2011. Company B will apply for my Labor and I140 after 6 months of joining (Around october 2008).

My question is can I change my job from Company B to Company C and still get the three year extension with Company C before Company B does my Labor and I40 (i.e. can I change my job before October 2008 and get an extension)?

I highly appreciate you help in this regard !!!!

Thanks
Waitforgc123
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  #2 (permalink)  
Old 04-07-2008, 04:00 PM
Senior Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
08/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
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Join Date: May 2007
Posts: 557
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Default According to my opinion

Quote:
Originally Posted by waitforgc123 View Post
Hello,

I had my I140 approved with company A and based on that had got a 3 year extension when I completed my 6 years on H1. Now I am moving to company B and have an extension till 2011. Company B will apply for my Labor and I140 after 6 months of joining (Around october 2008).

My question is can I change my job from Company B to Company C and still get the three year extension with Company C before Company B does my Labor and I40 (i.e. can I change my job before October 2008 and get an extension)?

I highly appreciate you help in this regard !!!!

Thanks
Waitforgc123
It seems that you have already applied for AOS . Since your I140 has been approved and your AOS has been pending for more than 6 months you can move to Company C by invoking AC21 rule . That way you won't have to start the labor and I-140 process again and can continue the same GC process.

Hope that helps
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  #3 (permalink)  
Old 04-07-2008, 04:10 PM
Member
Priority Date
:
Apr-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 25
waitforgc123 is on a distinguished road
Default

Hello HPandey,

My AOS has not been applied - I did not apply for I485, EAD - I just have the labor and the I140 approved.

Given that do you think I can still move to Company C after taking up the Company B offer as of now ?

Thanks !!!

-waitforgc123
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  #4 (permalink)  
Old 04-07-2008, 04:38 PM
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
08/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/10/2007
Compare
Join Date: Nov 2007
Posts: 691
meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute
Default

Quote:
Originally Posted by waitforgc123 View Post
Hello,

I had my I140 approved with company A and based on that had got a 3 year extension when I completed my 6 years on H1. Now I am moving to company B and have an extension till 2011. Company B will apply for my Labor and I140 after 6 months of joining (Around october 2008).

My question is can I change my job from Company B to Company C and still get the three year extension with Company C before Company B does my Labor and I40 (i.e. can I change my job before October 2008 and get an extension)?

I highly appreciate you help in this regard !!!!

Thanks
Waitforgc123
yes, unless Company A revokes your I-140 before your H1 transfer to C is approved.
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  #5 (permalink)  
Old 04-07-2008, 05:03 PM
Member
Priority Date
:
Apr-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 25
waitforgc123 is on a distinguished road
Default

Hello Meridiani.planum,

So when I transfer to company C and if I were to use the I140 from Company A would it be an issue that my latest pay stubs will be from Company B ?

I clearly wont be able to provide them with recent pay-stubs from Company A as I would have already joined Company B. Would USCIS have an issue with allowing for the transfer from Company B to Company C ?

Please let me know if that would be an issue ?


Thanks,
Waitforgc123
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