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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 01-08-2009, 03:00 PM
Junior Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
11/05/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2009
Posts: 5
aware is on a distinguished road
Default I-140 approved and now want to switch employer

Hi, my I-140 has been approved and my priority date is May 2007. I have NOT yet filed my I-485. I'm in Company A and now want to switch to company B. For this, I'll have to transfer my H1 to company B. I have following questions:

1. Can I keep my GC processing with company A after transfering H1 to company B?

2. If company B files GC for me, can I maintain the same PD as my earlier GC (May 2007). If yes, do I need any document from company A (I-140 approval copy ???)

3. Can I have company A holding my GC and start the new GC process from company B also. If the date becomes current for the first one, can I go back to the company A and file I-485.

4. If I dont tell my company A employer about job switch (as he may create problems): can I tranfer my H1, get GC filed from company B and maintain the earlier PD. Can company A employer by any means stop using that date? If he cant, how can I get earlier I-140 approval papers is he is not ready to give. Can my first employer create any kind of trouble wrt my case?

5. SInce company A employer is not that helpful, I anticipate that he would not allow me to go somewhere else or help me in anything wrt my GC processing. SO, I want to find out what could be the best bet.
any suggestion in this regard would be really helpful

Last edited by aware; 01-08-2009 at 05:16 PM.
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  #2 (permalink)  
Old 01-08-2009, 03:07 PM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
02/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/20/2007
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Join Date: Jul 2007
Posts: 562
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Default

Company A and Company B can file separate GC. Since GC is for future job, it does not matter if you are working for them now or not.

But at the time of filing for I-485, lets say you are using Company A's priority date as it is earlier, you need to switch to company A.

You have higher probability of RFE if you are not working at the company that is sponsoring you.

This is my 2 cents. hope this helps
__________________
Used AC21 twice
Greened on 07/20/10
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  #3 (permalink)  
Old 01-08-2009, 03:13 PM
Junior Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
11/05/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2009
Posts: 5
aware is on a distinguished road
Default

My company A may not be ready for doing this? If that happens, can I use my earlier PD for company B applied GC? if yes, when do we need to mention that (during labor/ I-140/ I-485 filing)? ANd if my current employer is not ready to give me my I-140 approval papers, is there any other way to get it?
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  #4 (permalink)  
Old 01-08-2009, 03:44 PM
Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: Jul 2007
Posts: 26
astral1977 will become famous soon enough
Default

You have labor+I-140 approved from company A. You will need to get new labor certificate from company B. When you apply for I-140 for this labor from company B, you will have to attach company A I-140 approval copy and your PD will get substituted.

If however, company A revokes your approved I-140 before you file your new I-140, your PD is gone forever. Without approval copy of I-140 i am not aware of how one can retain PD.

Hope this helps.



Quote:
Originally Posted by aware View Post
My company A may not be ready for doing this? If that happens, can I use my earlier PD for company B applied GC? if yes, when do we need to mention that (during labor/ I-140/ I-485 filing)? ANd if my current employer is not ready to give me my I-140 approval papers, is there any other way to get it?
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  #5 (permalink)  
Old 01-08-2009, 03:49 PM
Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: Jul 2007
Posts: 26
astral1977 will become famous soon enough
Default

Answers in blue color.

Quote:
Originally Posted by aware View Post
Hi, my I-140 has been approved and my priority date is May 2007. I'm in Company A and now want to switch to company B. For this, I'll have to transfer my H1 to company B. I have following questions:

1. Can I keep my GC processing with company A after transfering H1 to company B?
Yes.

2. If company B files GC for me, can I maintain the same PD as my earlier GC (May 2007). If yes, do I need any document from company A (I-140 approval copy ???)
Yes, you can retain. See my other post.

3. Can I have company A holding my GC and start the new GC process from company B also. If the date becomes current for the first one, can I go back to the company A and file I-485.
Yes, you can even do this.

4. If I dont tell my company A employer about job switch (as he may create problems): can I tranfer my H1, get GC filed from company B and maintain the earlier PD. Can company A employer by any means stop using that date? If he cant, how can I get earlier I-140 approval papers is he is not ready to give. Can my first employer create any kind of trouble wrt my case?
see my other post about the situation if company A revokes the I-140.

5. SInce company A employer is not that helpful, I anticipate that he would not allow me to go somewhere else or help me in anything wrt my GC processing. SO, I want to find out what could be the best bet.
any suggestion in this regard would be really helpful
If company A is not helpful, it will be difficult to retain the PD.
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  #6 (permalink)  
Old 01-08-2009, 03:50 PM
Senior Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
11/20/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Dec 2007
Posts: 416
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Default hi

if you plan to change ur job and restart ur GC..
things to remember:
a) make sure the job profile and industry are the same...

b.) restart the GC...with B... and during 140..send in your company A 140 and request for PD recapture....(interfiling).. so when they approve ur B 140, they will give u company A ..PD...

this helps???


Quote:
Originally Posted by aware View Post
My company A may not be ready for doing this? If that happens, can I use my earlier PD for company B applied GC? if yes, when do we need to mention that (during labor/ I-140/ I-485 filing)? ANd if my current employer is not ready to give me my I-140 approval papers, is there any other way to get it?
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  #7 (permalink)  
Old 01-08-2009, 03:57 PM
Junior Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
11/05/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2009
Posts: 5
aware is on a distinguished road
Default

thanks. that helps. however, I have one more question:

If I Xfer my H1 to B without A's knowledge and after few months want to join back A (because priority date has become current or got a better job etc.) do I need to get my H1 Xferred to A again or my old H1 is still valid?
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  #8 (permalink)  
Old 01-08-2009, 04:06 PM
Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: Jul 2007
Posts: 26
astral1977 will become famous soon enough
Default

Bud,

If you have transferred your H1 from A to B....How will H1 with A be still valid. You have already transferred...remember.

So you will have to transfer it back to A if needed.

Quote:
Originally Posted by aware View Post
thanks. that helps. however, I have one more question:

If I Xfer my H1 to B without A's knowledge and after few months want to join back A (because priority date has become current or got a better job etc.) do I need to get my H1 Xferred to A again or my old H1 is still valid?
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  #9 (permalink)  
Old 01-08-2009, 04:44 PM
Junior Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 3
sumithooda is on a distinguished road
Default

Aware,

For porting of you priority date from one company to another, you need to qualify under AC21.
You many need to wait 6 months after filing 485 to do that.

Most of the reply you see are assuming that you have filed you I-485 and you are at AOS.
It would be better if you update you post if you have not applied I-485.

Since GC if for future, you can always ask company A to file I-485. You only need to be employed with them at the time of adjudication of your I-485.

Note: This should not be assumed as a legal advice, its only based on my understanding of the GC Process.

Last edited by sumithooda; 01-08-2009 at 04:48 PM.
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  #10 (permalink)  
Old 01-08-2009, 05:12 PM
Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: Jul 2007
Posts: 26
astral1977 will become famous soon enough
Default

sumithooda,

Kindly let me clarify one more aspect of the GC process for you. The fact is.... You DONOT need to have filed for I-485 to port your priority date.

Thanks.


Quote:
Originally Posted by sumithooda View Post
Aware,

For porting of you priority date from one company to another, you need to qualify under AC21.
You many need to wait 6 months after filing 485 to do that.

Most of the reply you see are assuming that you have filed you I-485 and you are at AOS.
It would be better if you update you post if you have not applied I-485.

Since GC if for future, you can always ask company A to file I-485. You only need to be employed with them at the time of adjudication of your I-485.

Note: This should not be assumed as a legal advice, its only based on my understanding of the GC Process.
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  #11 (permalink)  
Old 01-08-2009, 05:26 PM
Junior Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 3
sumithooda is on a distinguished road
Default

astral1977,
Thanks for sharing your information.

But here OP wants to move to company B and use old priority date from company A and file his I-485 when dates are current for him/her.

You may be right as per your understanding of GC laws but i tend to differ with you on basis of AC21.

And here comes the reason for lawyer fraternity survival.
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  #12 (permalink)  
Old 01-08-2009, 05:49 PM
Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: Jul 2007
Posts: 26
astral1977 will become famous soon enough
Default

AC21 comes into picture only if you have filed for I-485. And AC21 is for switching jobs to same or similar job.

Priority dates can be retained with I-140 approval also. And of course, no matter what is said on forums it is always better that folks consult with their attorney. And they would be willing to help.
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  #13 (permalink)  
Old 01-08-2009, 06:38 PM
Member
Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
01/06/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/06/2004
Compare
Join Date: Apr 2008
Posts: 27
b_boy is a glorious beacon of light b_boy is a glorious beacon of light b_boy is a glorious beacon of light b_boy is a glorious beacon of light b_boy is a glorious beacon of light
Default

Astra,

Correct me if I am wrong here, you can still port your PD even though your approved I140 was/is withdrawn by your X employer.
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  #14 (permalink)  
Old 01-08-2009, 06:51 PM
Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: Jul 2007
Posts: 26
astral1977 will become famous soon enough
Default

If your I-140 is withdrawn before you successfully port it to your new I-140 you stand to lose your priority date.

Quote:
Originally Posted by b_boy View Post
Astra,

Correct me if I am wrong here, you can still port your PD even though your approved I140 was/is withdrawn by your X employer.
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  #15 (permalink)  
Old 01-08-2009, 07:21 PM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
05/13/2011
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: May 2007
Posts: 935
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Default Where did you get this - not true actually !

Once your I-140 is approved the PD gets LOCKED in your name for ever. Revoking I-140 doesn't matter.

Otherwise no one will be able to do it because once you leave Old employer many of them revokes approved I-140 to keep their slate clean. Getting a New Perm Labor and New I-140 may take 1-2 yrs even , the old employer is not going to wait that long.

Correct me if i'm wrong - please post the credible link if possible.

Quote:
Originally Posted by astral1977 View Post
If your I-140 is withdrawn before you successfully port it to your new I-140 you stand to lose your priority date.
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