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-   Priority dates transfers and Post 140-approval options (https://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/)
-   -   Approved I-140 and Employer Change (https://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/20741-approved-i-140-and-employer-change.html)

mk26 08-07-2008 06:10 PM

Approved I-140 and Employer Change
 
Anyone plz help me take a decision on this

I have approved I-140 with PD-May-07 from Company A and Like to join another company B,

Can I just tranfer my h1 and file I485 from company A when PD is current? or do I need to file labor and I140 from company B then port the PD

I have good relation with company A so they can do what ever I need to do for Green Card application.

Thanks is Advance

EB2
PD -11-MAY-07
I-140 Approved

gcdreamer05 08-07-2008 06:21 PM

Quote:

Originally Posted by mk26 (Post 273931)
Anyone plz help me take a decision on this

I have approved I-140 with PD-May-07 from Company A and Like to join another company B,

Can I just tranfer my h1 and file I485 from company A when PD is current? or do I need to file labor and I140 from company B then port the PD

I have good relation with company A so they can do what ever I need to do for Green Card application.

Thanks is Advance

EB2
PD -11-MAY-07
I-140 Approved

How many days since your 140 got approved, need that info to answer your question....

mk26 08-07-2008 06:34 PM

On 30th June 2008 then sent the approval notice, so I guess this is the approval date of my I-140.Please help ?

leenakamat 08-08-2008 04:29 AM

Hello,

You can't jump straight to the I-485 for employer B; you would have to start the process from scratch, beginning with the PERM. The benefit of having an approved I-140 from employer A is that you can 1) use the priority date from that filing when you file the I-140 for employer B; and you can 2) qualify for a 3-year extension on your H-1B when your 6 years are up.

Best,
Leena Kamat

kshitijnt 08-08-2008 04:32 AM

You can only keep the PD. But you need to restart.

yagw 08-08-2008 06:45 AM

You can continue your GC process with Company A (provided they are ok with it) while you work for Company B using H1 Visa.

Remember, GC is for future employment. You and the employer who sponsors your GC (company A), agree that they will employ you on such and such position when the GC is approved.

Disclaimer: I am not an Attorney and this is not a legal advice.


Quote:

Originally Posted by mk26 (Post 273931)
Anyone plz help me take a decision on this

I have approved I-140 with PD-May-07 from Company A and Like to join another company B,

Can I just tranfer my h1 and file I485 from company A when PD is current? or do I need to file labor and I140 from company B then port the PD

I have good relation with company A so they can do what ever I need to do for Green Card application.

Thanks is Advance

EB2
PD -11-MAY-07
I-140 Approved


mk26 08-08-2008 11:29 AM

So I can't do anything with old company's GC application later when my PD is current? Old company will support me in all way.

amitbhatia76 08-26-2008 07:22 PM

Old company can file GC when the priority date become current e.g. in July 2007. Many people process in new company was stuck in the labor. So you can get the benefit of filing 485 in that case if the old company is willing to give you future employment.

I am not a lawyer and this is not a legal advice and it is always better to consult with a good lawyer before making such decisions.

hopelessGC 05-19-2009 02:42 PM

similar post
 
There is a similar post today on the lawyer forum...are you the same guy?

http://immigrationvoice.org/forum/sh...137#post342137

hopelessGC 05-19-2009 04:20 PM

Quote:

Originally Posted by akelkar (Post 342189)
no its not me!!

Well, then I hope that post helped :p

It helps to search before posting. You might just find your answers :)

trance 07-02-2009 06:39 PM

I-140 Approved- Company not provding the Approval Notice
 
H1b: 4th Year
Labor: Approved: Jul 2008
140: Approved: Dec 2008
Category: EB2
Priority Date: April 2008
485/EAD: cannot file due to retrogression
My employer(Company A) is not willing to provide the I-140 approval notice. Can I change employers and move to a new company (Company B), file for a GC and retain my old Priority Date considering the fact that my employer will not provide the I-140 approval notice.
1. Can someone help in telling me what is the best way to retain my old PD date when I move to a new company(Company B), without having the I-140 approval notice.
2. Also when I move to the new company(Company B) will I be able to file for a 3 yr extension as I have an approved I-140(greater than 180 days) of Company A


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