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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 07-01-2008, 05:56 PM
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Priority Date
I140 Mailed Date
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I485 Mailed Date
Join Date: Jul 2008
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Shrek is on a distinguished road
Unhappy Approved I-140 thru Employer A, terminated employment, PLS HELP!!!

Hello Experts!!!

I need some serious advice, saw a few related threads, hence joined this forum immediately to get some help...

My 6 years H1 B limit ends in August 2008.Stamp on I-94 is also as of Aug 08

Question 1) Employer A filed for I-140 in October 2007. Due to some serious medical conditions I was unable to work from Nov '07 till date. My employer terminated my employment in March 2007 as I was not working then and not in a state to work either.
I dont think Employer A has revoked my H1B coz I got my I-140 approved thru Employer A, this June (2008). Am I out of status per USCIS/INS 'on paper' ?

Question 2) I am now capable to resume work. In June 2008 I have found Employer B. What are my chances of getting my H1B successfully transferred to Emp B. The last pay stub is as of Oct 2007. I can get a medical certificate explaining my absence from work till date.

Question 3) Also, with Employer A's approved I-140, can I apply for a 3 year extension for Employer B since my 6 year tenure ends next month - Aug 08 ?

Question 4) How will the entire process work. What r my chances ? If the H1 gets approved do I have to leave the country and re-stamp ? If the H1 gets approved why shud I leave the country, can I not just start work coz I have another 3 year extension becoz of the approved I-140 thru Employer A ?


Last edited by Shrek; 07-02-2008 at 11:29 AM.
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