Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > 140 stage > Priority dates transfers and Post 140-approval options
Click to log in with Facebook
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.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 03-17-2011, 01:12 AM
Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Dec 2010
Posts: 94
PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute
Default H1B Transfer after I140 Approval

Hi Folks,

I want to know if I can transfer my H1B after my I140 approval. Can I retain the same PD?
Enough of this employer, making me feel like I am the biggest sinner in this world being on H1B visa.

Saw the true colors in a week I came on bench, was on project for 5 yrs.

Anyone has tried this ? I am on EB2 and 140 approved in 2008.

I just got a new project and PO. Can I transfer with that ?

Can I retain the PD same ?

Please let me know. Thank you.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 03-17-2011, 04:40 AM
Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Dec 2010
Posts: 94
PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute
Default

It is more than 2 yrs I got my 140 so can my employer cancel my I140 ?

I heard that I140 is belongs to a person and not a company, so does that mean that after getting 6 months of your 140 approval, you can leave your employer and your employer can not do anything in that, I mean rejection of I-140.

Please advise. Its tough to work with my current employer now.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 03-17-2011, 08:57 AM
Senior Member
Priority Date
:
Mar-10
Category
:
EB2
I140 Mailed Date
:
09/01/2010
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
02/29/2012
Compare
Join Date: Feb 2009
Posts: 936
smuggymba has a reputation beyond repute smuggymba has a reputation beyond repute smuggymba has a reputation beyond repute smuggymba has a reputation beyond repute smuggymba has a reputation beyond repute smuggymba has a reputation beyond repute smuggymba has a reputation beyond repute smuggymba has a reputation beyond repute smuggymba has a reputation beyond repute smuggymba has a reputation beyond repute smuggymba has a reputation beyond repute
Default

I posted a similar question and it's confirmed that you can retain your PD even if 140 in cancelled. You can't retain the PD in case of fraud.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 03-17-2011, 11:51 AM
Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Dec 2010
Posts: 94
PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute
Default

Can someone help me defining FRAUD here ? I just want to transfer my H1B visa to another employer with my I140. Wat FRAUD can I do here ?
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 03-17-2011, 12:15 PM
Senior Member
Priority Date
:
Mar-10
Category
:
EB2
I140 Mailed Date
:
09/01/2010
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
02/29/2012
Compare
Join Date: Feb 2009
Posts: 936
smuggymba has a reputation beyond repute smuggymba has a reputation beyond repute smuggymba has a reputation beyond repute smuggymba has a reputation beyond repute smuggymba has a reputation beyond repute smuggymba has a reputation beyond repute smuggymba has a reputation beyond repute smuggymba has a reputation beyond repute smuggymba has a reputation beyond repute smuggymba has a reputation beyond repute smuggymba has a reputation beyond repute
Default

Quote:
Originally Posted by PrinceVA View Post
Can someone help me defining FRAUD here ? I just want to transfer my H1B visa to another employer with my I140. Wat FRAUD can I do here ?
no need to worry buddy. Fraud here means if u got your 140 based on false info etc., which is not common.

Just transfer ur visa > Apply PERM from a new comp > When 140 filing time comes, have the lawyer use ur old PD.

U don't transfer 140...u just transfer H1 > u can then later use ur old 140 even if has been cancelled (for all reasons other than fraud)
Bookmark and Share Compare Reply With Quote


1 out of 1 members found this post helpful.
  #6 (permalink)  
Old 03-17-2011, 01:22 PM
Senior Member
Priority Date
:
Jun-10
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Apr 2009
Posts: 160
sk.aggarwal has a reputation beyond repute sk.aggarwal has a reputation beyond repute sk.aggarwal has a reputation beyond repute sk.aggarwal has a reputation beyond repute sk.aggarwal has a reputation beyond repute sk.aggarwal has a reputation beyond repute sk.aggarwal has a reputation beyond repute sk.aggarwal has a reputation beyond repute sk.aggarwal has a reputation beyond repute sk.aggarwal has a reputation beyond repute sk.aggarwal has a reputation beyond repute
Default

Quote:
Originally Posted by PrinceVA View Post
Can someone help me defining FRAUD here ? I just want to transfer my H1B visa to another employer with my I140. Wat FRAUD can I do here ?
I believe fraud in this context is something USCIS finds out to be done by employer or by you. Say fake documents. I think this is very rare.
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 03-17-2011, 01:54 PM
SGP SGP is offline
Senior Member
Priority Date
:
Nov-02
Category
:
EB3
I140 Mailed Date
:
07/25/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
02/06/2013
Compare
Join Date: May 2010
Posts: 824
SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute
Default

You can file for H1B transfer with new employer right away. Make sure you have a copy of approved I-140 from old employer. This will help you porting your PD with new employer.

I presume you have not filed for your I-485 (AOS) yet, so please bear in mind you will have to start PERM all over again. Once PERM is approved you will have to file for I-140 & at that stage you will need the copy of approved I-140 to be attached to the application so that you get to retain your old priority date.

Good Luck.
________________________
Deadline = April 30th, 2011
Goal = 5000 votes on survey
(see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted”,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")

Quote:
Originally Posted by PrinceVA View Post
Hi Folks,

I want to know if I can transfer my H1B after my I140 approval. Can I retain the same PD?
Enough of this employer, making me feel like I am the biggest sinner in this world being on H1B visa.

Saw the true colors in a week I came on bench, was on project for 5 yrs.

Anyone has tried this ? I am on EB2 and 140 approved in 2008.

I just got a new project and PO. Can I transfer with that ?

Can I retain the PD same ?

Please let me know. Thank you.
__________________
GREENED ON APRIL 16, '13
Priority Date:Nov 08, '02
Category:EB3 (India)
I140 Receipt Date:Jul 26, '07
I140 Approved Date:Apr 8, '08
2nd I140 Receipt Date:Jul 22, '11
I140 RFE Date:Mar 6, '12
I140 Approved Date:May 23, '12
I-485 Mailed Date:Feb 6, '13 Finally
I-485 Receipt Date:Feb 7, '13
I-485 Notice Date:Feb 12, '13
EAD & Advance Parole Approval:Mar 2, '13
EAD & Advance Parole Combo Card Recd Date:Mar 8, '13 (valid for 1 year)
Finger Print Notice date:Mar 29, '13
Bookmark and Share Compare Reply With Quote


1 out of 1 members found this post helpful.
  #8 (permalink)  
Old 03-17-2011, 09:55 PM
Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Dec 2010
Posts: 94
PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute
Default Thank you All.

I was really scared so much but now cant work with this employer. they suck, suck, suck, show attitude, hard to reach, not good marketing team, still taking over 35% from your pay cheque, change their policies every 6 months and after working for 5 yrs, you come on a bench, and they give you 1 month to look for a project or will cancel your visa.

done with this guy now.

Thank you All,
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 04-30-2013, 04:48 PM
Facebook User
Priority Date
:
Category
:
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Apr 2013
Posts: 1
paragupt is on a distinguished road
Default H1-B transfer with 140 approved, and H1-B on RFE review status

Hello,

I am working in a company 'X' which is taken over by another company 'Y'. My 140 is approved by 'X' 6 months back. During the transfer of visa from company 'X' to company 'Y' I got an RFE and company sent its response which is in a review state. Now I want to change the company to 'Z'. Is it possible to transfer my H1-B without any risk or should I wait till it is transferred and approved? Any suggestion is highly appreciated.

Thanks,
Para
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 05-01-2013, 01:14 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jul 2012
Posts: 3
pgasri is on a distinguished road
Default

I have a approved I140 in EB3 with PD 2008. Now, I have got a better offer with better position (Senior level position) h1-B transfer also approved. New employer will be filling my GC after 3 months, however I am little concerned.

Is this a good decision to take this offer at this stage. (especially we are waiting for this immigration bill to pass by end of this year). My concern is, I need to go through labor and 140 again, so not sure how this new bill will impact new GC cases.

I know you can't decide for me.. but any suggestions / points ??
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 05-01-2013, 01:19 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jul 2012
Posts: 3
pgasri is on a distinguished road
Default Any suggestion

I have a approved I140 in EB3 with PD 2008. Now, I have got a better offer with better position (Senior level position) h1-B transfer also approved. New employer will be filling my GC after 3 months, however I am little concerned.

Is this a good decision to take this offer at this stage. (especially we are waiting for this immigration bill to pass by end of this year). My concern is, I need to go through labor and 140 again, so not sure how this new bill will impact new GC cases.

I know you can't decide for me.. but any suggestions / points ??
Bookmark and Share Compare Reply With Quote


  #12 (permalink)  
Old 08-19-2013, 11:33 AM
Member
Priority Date
:
May-10
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Apr 2011
Posts: 25
abhi_2753 has a spectacular aura about abhi_2753 has a spectacular aura about
Default 140 approval missing

I am working for company A for last 4+ years. My 140 is approved & recently got 3 years of extension based on 140( after 6 yr completion). I want to transfer my H1 to company B.
I dont have 140 approval with me but I have 140 # with me.

Question - while H1 transfer do I need to have 140 approval or 140 receipt# is sufficient?
Bookmark and Share Compare Reply With Quote


  #13 (permalink)  
Old 08-20-2013, 04:15 PM
Member
Priority Date
:
May-10
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Apr 2011
Posts: 25
abhi_2753 has a spectacular aura about abhi_2753 has a spectacular aura about
Default 140 approval missing

Quote:
Originally Posted by abhi_2753 View Post
I am working for company A for last 4+ years. My 140 is approved & recently got 3 years of extension based on 140( after 6 yr completion). I want to transfer my H1 to company B.
I dont have 140 approval with me but I have 140 # with me.

Question - while H1 transfer do I need to have 140 approval or 140 receipt# is sufficient?
Experts...could any one help me with this. Thank you in advance
Bookmark and Share Compare Reply With Quote


  #14 (permalink)  
Old 05-25-2014, 12:33 AM
HCS HCS is offline
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: May 2014
Posts: 1
HCS is on a distinguished road
Question For porting of PD do I need to have 140 approval or 140 receipt# is sufficient?

Abhi,

I'm in similar boat. Did you get any response here or from other sources?
Can you pl share whether you could port date with only I-140# or not?

Thanks for your time
,HCs
Bookmark and Share Compare Reply With Quote


  #15 (permalink)  
Old 04-30-2015, 02:53 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Apr 2015
Posts: 21
stan1IV is on a distinguished road
Default

Quote:
Originally Posted by SGP View Post
You can file for H1B transfer with new employer right away. Make sure you have a copy of approved I-140 from old employer. This will help you porting your PD with new employer.

I presume you have not filed for your I-485 (AOS) yet, so please bear in mind you will have to start PERM all over again. Once PERM is approved you will have to file for I-140 & at that stage you will need the copy of approved I-140 to be attached to the application so that you get to retain your old priority date.

Good Luck.
________________________
Deadline = April 30th, 2011
Goal = 5000 votes on survey
(see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted”,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
Thanks for the info.

But I have a question regarding your 2nd I140.
Is that porting from EB3 to EB2 and what is that RFE for?
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
h1 transfer after I140 approval clifford Non-Immigrant Visas 3 12-27-2009 11:59 PM
did not get old PD on the new i140 approval. supers789 Priority dates transfers and Post 140-approval options 4 05-08-2009 08:36 PM
i140 PD transfer with new i140 application / 485 app time? supers789 Priority dates transfers and Post 140-approval options 2 11-20-2008 03:10 AM
Visa Number Request against Labor Approval or I140 Approval?? akkakarla All other Green Card Issues 5 07-31-2007 12:56 AM
EAD without I140 approval. Is it possible jyo999 All other Green Card Issues 2 07-25-2007 11:18 PM



All times are GMT -4. The time now is 05:39 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org