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 08-27-2008, 01:06 PM
Junior Member
Priority Date
:
Aug-07
Category
:
EB2
I140 Mailed Date
:
10/10/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Aug 2008
Posts: 3
jetr is on a distinguished road
Default 140 Approved - 3 Year Extension

My 140 is Approved from Company A.I haven't filed my 485 yet.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).

My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?

Thanks for your help.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 08-27-2008, 01:11 PM
Junior Member
Priority Date
:
Jan-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 14
dolicus is on a distinguished road
Default Approved

Can you please Post the Dates of when you applied for I-140 & when you were APPROVED.
Thx
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 08-27-2008, 01:25 PM
Junior Member
Priority Date
:
Aug-07
Category
:
EB2
I140 Mailed Date
:
10/10/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Aug 2008
Posts: 3
jetr is on a distinguished road
Default 140 Approval Dates

Quote:
Originally Posted by dolicus View Post
Can you please Post the Dates of when you applied for I-140 & when you were APPROVED.
Thx
140 Applied - 10/18/2007
140 Approved - 08/02/2008
H1 6 yr expiry - 03/23/2009
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 08-27-2008, 01:51 PM
Senior Member
Priority Date
:
Before 2000
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 1,569
desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute
Default

Quote:
Originally Posted by jetr View Post
My 140 is Approved from Company A.I haven't filed my 485 yet.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).

My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?

Thanks for your help.
>> My qn is what if company A cancels my 140?
3 year H1 extension may be denied.

>> If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?

Yes.


____________________
Not a legal advise.
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 08-27-2008, 02:22 PM
Junior Member
Priority Date
:
Aug-07
Category
:
EB2
I140 Mailed Date
:
10/10/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Aug 2008
Posts: 3
jetr is on a distinguished road
Default Recapture priority date of a approved but now revoked 140

Quote:
Originally Posted by desi3933 View Post
>> My qn is what if company A cancels my 140?
3 year H1 extension may be denied.

>> If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?

Yes.


____________________
Not a legal advise.
Thanks desi3933.
My followup qn to this is ..

If I get my 3yr H1 extn approved (before 140 cancellation) with company B and company A revokes my approved 140, is it possible to transfer my priority date(of the approved 140 ..which is now revoked by company A) to my new 140 filed by company B?

Thanks
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 08-27-2008, 02:40 PM
Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
03/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/28/2007
Compare
Join Date: Jul 2007
Posts: 35
SFSweta has a spectacular aura about SFSweta has a spectacular aura about SFSweta has a spectacular aura about
Default Yes

You may! Because your priority date is based on your PERM/Labor...and that still holds valid.
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 08-27-2008, 02:52 PM
Senior Member
Priority Date
:
Before 2000
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 1,569
desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute
Default

Quote:
Originally Posted by jetr View Post
Thanks desi3933.

My followup qn to this is ..

If I get my 3yr H1 extn approved (before 140 cancellation) with company B and company A revokes my approved 140, is it possible to transfer my priority date(of the approved 140 ..which is now revoked by company A) to my new 140 filed by company B?

Thanks
A priority date can only be recaptured from one approved I-140 to another approved I-140, regardless of whether an I-485 was filed or not.

Please check with your attorney.


____________________
Not a legal advise.
Bookmark and Share Compare Reply With Quote


  #8 (permalink)  
Old 08-27-2008, 03:20 PM
Junior Member
Priority Date
:
Sep-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Aug 2008
Posts: 5
alucard666 is on a distinguished road
Default Similar situation

I have already moved to company B. Have an i-140 approved from company A in 09/2006. Now that my 6 years are over in 5 months, waiting for Fragomen to determine appropriate strategy for extension since new Perm has not been pending for 365 days. Anyone have experience with extending H1 using company A I-140 when with company B?
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 09-18-2008, 09:06 PM
Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
12/17/2008
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jan 2006
Posts: 81
supers789 has a spectacular aura about supers789 has a spectacular aura about
Default

as far as previous employer has not revolved / canceled i140, and Priority date for i140 is backlogged, you can get 3 yr extension on h1b using previous employer's i140. if any of these does not satisfy, you do not get 3 yr ext. using old company i140.
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 09-18-2008, 10:50 PM
Senior Member
Priority Date
:
Feb-08
Category
:
EB1A
I140 Mailed Date
:
07/23/2009
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/29/2009
Compare
Join Date: Nov 2007
Posts: 395
kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute
Default

Quote:
Originally Posted by jetr View Post
My 140 is Approved from Company A.I haven't filed my 485 yet.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).

My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?

Thanks for your help.
I am not a lawyer, but this is what I can tell (as far as I know):

1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.

2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.

3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.

4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!

Good Luck.
__________________
PERM filed: Feb 2008 Chicago Processing Center
PERM approved: March 2008
I 140 filed: April 2008 Nebraska Service Center
I 140 approved: Sep 2008 Nebraska Service Center
EB1A: I 140 filed: July 2009. Approved 12/09
EB2 NIW: I 140 filed: July 2009. Approved 12/09
I-485 filed Dec 2009
I-485 approved April 2010
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 09-18-2008, 11:36 PM
Member
Priority Date
:
Feb-05
Category
:
EB3
I140 Mailed Date
:
07/29/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/29/2007
Compare
Join Date: May 2007
Posts: 47
ssss is on a distinguished road
Default

AFAIK if your Perm is approved then you can do premium processing of I-140 and get H1 extension after 140 is approved
Quote:
Originally Posted by alucard666 View Post
I have already moved to company B. Have an i-140 approved from company A in 09/2006. Now that my 6 years are over in 5 months, waiting for Fragomen to determine appropriate strategy for extension since new Perm has not been pending for 365 days. Anyone have experience with extending H1 using company A I-140 when with company B?
Bookmark and Share Compare Reply With Quote


  #12 (permalink)  
Old 10-09-2008, 07:55 PM
Junior Member
Priority Date
:
Jul-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Oct 2008
Posts: 2
noboundaries78 is on a distinguished road
Default

Quote:
Originally Posted by kondur_007 View Post
I am not a lawyer, but this is what I can tell (as far as I know):

1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.

2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.

3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.

4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!

Good Luck.
I just went through a job change with an approved I-140 and can tell you that whatever kodur_007 has stated is true from personal experience.

Its a rather big pain though but that's the fate of an immigrant(specially I or C) in the US.
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
7th year H1 extension based on Approved PERM possible? hotshots Non-Immigrant Visa 3 03-25-2012 06:19 PM
changing employer after h1b 3 year extension on approved I-140 muni_k Immigrant Visa 0 09-14-2009 11:33 AM
H1B extension beyond 6th year approved at VSC jchan Non-Immigrant Visas 1 09-17-2008 11:16 AM
changing employers using 3 year extension after approved I-140 payal_nag Non-Immigrant Visas 2 02-26-2007 07:03 PM
No Pay While Waiting for 7th year extension to be approved?! Appu Backlog Processing Center 14 04-19-2006 04:13 PM



All times are GMT -4. The time now is 11:34 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org