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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 11-18-2008, 02:36 PM
gaz gaz is offline
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Default 140 approved; layoff looming

background -
A friend is currently working full time with a large financial company where there are many layoffs going on. She has 140 approved, but her H1 is valid only till Sept 2009 (6 years complete; no date recoup possible).
H1 extension cannot be filed until 6 months prior to expiry i.e. Apr 2009.

questions -
If she gets laid off (next round of layoffs are expected in dec), can she still:

1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
2) file a new labor and port her PD from the approved 140?
3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?

Thanks in advance!!
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  #2 (permalink)  
Old 11-18-2008, 02:41 PM
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Default yes she can..

1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
A. While file for her H1 transfer she can ask for 3 years extension based on approved 140

2) file a new labor and port her PD from the approved 140?
A. If she has not filed her 485 then she has to start the GC and can port her PD to the new 140

3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
A. 1 and 2 are possible. If she wants she can transfer to H4 as well.

Hope this helps.
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  #3 (permalink)  
Old 11-18-2008, 02:54 PM
gaz gaz is offline
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Default

Thank you for the quick response.

She has not yet filed 485 (PD is of 2007 i think). So once she ports her 140 she will have to file new labor and 140 (and since that can take more than 6 months) the worry was that she may not be able to work if H1 extension was not possible. so looks like she can apply her H1 extension at the time of transfer and then go on from there. Big worry off her head!

Thanks again.




Quote:
Originally Posted by reachinus View Post
1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
A. While file for her H1 transfer she can ask for 3 years extension based on approved 140

2) file a new labor and port her PD from the approved 140?
A. If she has not filed her 485 then she has to start the GC and can port her PD to the new 140

3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
A. 1 and 2 are possible. If she wants she can transfer to H4 as well.

Hope this helps.
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  #4 (permalink)  
Old 11-18-2008, 02:57 PM
gaz gaz is offline
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Default Thanks IV.

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  #5 (permalink)  
Old 12-22-2008, 06:03 PM
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Default

Quote:
Originally Posted by gaz View Post
Contributed $100 to IV.
Reciept #87H393384E9981342
Gaz

I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
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  #6 (permalink)  
Old 12-22-2008, 06:09 PM
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Default

Quote:
Originally Posted by desigc View Post
Gaz

I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
You can not transfer I140. You may need to start from PERM and port your PD from the approvd I140. I am not sure about the H1 part.
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filing without current PD
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  #7 (permalink)  
Old 12-29-2008, 12:34 PM
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pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts
Default 2 choices.)

When you apply for H1 transfer..they transfer the current H1.

If you have more than 6 months on ur H1 you cannot apply for extension..
when you file for transfer.

So better option would be:
a.) Transfer H1...and then file for extension.
b.) Or file for extension and then change jobs...

if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.

hope this helps


Quote:
Originally Posted by desigc View Post
Gaz

I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
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  #8 (permalink)  
Old 01-08-2009, 05:57 PM
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Default 140 appvd..6th year h1b..485 not filed..potential layoff

Thanks Pointlesswait

I have about 3 months left on H1b. From your post, it seems that I shud file for extension ASAP and if layoff happens...transfer H1..

Did I interpret you correctly?




Quote:
Originally Posted by pointlesswait View Post
When you apply for H1 transfer..they transfer the current H1.

If you have more than 6 months on ur H1 you cannot apply for extension..
when you file for transfer.

So better option would be:
a.) Transfer H1...and then file for extension.
b.) Or file for extension and then change jobs...

if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.

hope this helps
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  #9 (permalink)  
Old 03-27-2010, 06:01 PM
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Default

Hello,


I am in a same situation, this happened to me on wednesday. I have I-140 approved and lost job. In H1B on my 4.5 year.


With the new company hiring should i start the process all new? File new PERM right from the scratch?


Kindly advise.


Thanks,

Immuser
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