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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 08-07-2008, 06:10 PM
Senior Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
02/06/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
10/01/2011
Compare
Join Date: Jul 2007
Posts: 164
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Default 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
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  #2 (permalink)  
Old 08-07-2008, 06:21 PM
Senior Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
12/09/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/15/2007
Compare
Join Date: May 2008
Posts: 433
Blog Entries: 1
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Default

Quote:
Originally Posted by mk26 View Post
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....
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  #3 (permalink)  
Old 08-07-2008, 06:34 PM
Senior Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
02/06/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
10/01/2011
Compare
Join Date: Jul 2007
Posts: 164
mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute
Default

On 30th June 2008 then sent the approval notice, so I guess this is the approval date of my I-140.Please help ?
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  #4 (permalink)  
Old 08-08-2008, 04:29 AM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2008
Posts: 13
leenakamat is on a distinguished road
Default

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
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  #5 (permalink)  
Old 08-08-2008, 04:32 AM
Senior Member
Priority Date
:
Jun-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/14/2008
Compare
Join Date: Jan 2007
Posts: 604
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Default

You can only keep the PD. But you need to restart.
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  #6 (permalink)  
Old 08-08-2008, 06:45 AM
Senior Member
Priority Date
:
Jan-06
Category
:
EB2
I140 Mailed Date
:
02/02/2002
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
03/03/2003
Compare
Join Date: Jul 2007
Posts: 165
yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold yagw is a splendid one to behold
Default

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 View Post
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
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  #7 (permalink)  
Old 08-08-2008, 11:29 AM
Senior Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
02/06/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
10/01/2011
Compare
Join Date: Jul 2007
Posts: 164
mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute mk26 has a reputation beyond repute
Default

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.
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  #8 (permalink)  
Old 08-26-2008, 07:22 PM
Junior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
05/11/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 2
amitbhatia76 is on a distinguished road
Default

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.
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  #9 (permalink)  
Old 05-19-2009, 02:42 PM
Senior Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
07/02/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 113
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Default 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

I am not an attorney. Any opinions I express here are solely based on my personal knowledge, experience, and common sense. They should not be taken as legal advice.
-------------------------
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  #10 (permalink)  
Old 05-19-2009, 04:20 PM
Senior Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
07/02/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 113
hopelessGC is just really nice hopelessGC is just really nice hopelessGC is just really nice hopelessGC is just really nice
Default

Quote:
Originally Posted by akelkar View Post
no its not me!!
Well, then I hope that post helped

It helps to search before posting. You might just find your answers
__________________
------------------------
hopelessGC

I am not an attorney. Any opinions I express here are solely based on my personal knowledge, experience, and common sense. They should not be taken as legal advice.
-------------------------
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  #11 (permalink)  
Old 07-02-2009, 06:39 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jun 2009
Posts: 6
trance is on a distinguished road
Default 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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