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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 12-18-2012, 12:59 AM
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Hi,

Here is my profile:

PD EB2 - Oct'2010 (I-140 cleared), 7th year on my H1 (H1 expiring Dec'2015)... from a very stable big company...

Now I am getting a very good offer (salary & stock options) from a "startup (a company with 12 people right now, having done with round A funding of $10 millions)" and who is willing to file PERM/GC on day of joining. [Bottom line - it may end up stable, but may also rupture in 2014 endish time frame]

>> I know my PD can be ported, as my current employer will not withdraw my I-140...

I have following questions:

1. In worst case scenario - If my PERM/I-140 denied with this startup... then what is the latest date, by when I need to join some other stable company so my H1 extends after 2015 (basically I will go back to some stable company where my PERM can filed again and I can take my PD date)... BUT what is the latest date I can do that citing 12/2015 Visa expiration.

2. Second worst case scenario - My PERM gets approved and I-140 denied... then what different I can do?

3. Third worst case scenarios - PERM and I-140 get approved by 2014, but company shuts down in 2015, then is there anything I can do?

4. Best case scenario - before the PD becomes current, the PERM and I-140 approves and I get EAD... or is there any better chance than this?

5. Expert advice... need to know if this will be a smart move to quit and join this startup?

Please help... Thanks a lot in advance..

Hi,

Here is my profile:

PD EB2 - Oct'2010 (I-140 cleared), 7th year on my H1 (H1 expiring Dec'2015)... from a very stable big company...

Now I am getting a very good offer (salary & stock options) from a "startup (a company with 12 people right now, having done with round A funding of $10 millions)" and who is willing to file PERM/GC on day of joining. [Bottom line - it may end up stable, but may also rupture in 2014 endish time frame]

>> I know my PD can be ported, as my current employer will not withdraw my I-140...

I have following questions:

1. In worst case scenario - If my PERM/I-140 denied with this startup... then what is the latest date, by when I need to join some other stable company so my H1 extends after 2015 (basically I will go back to some stable company where my PERM can filed again and I can take my PD date)... BUT what is the latest date I can do that citing 12/2015 Visa expiration.

2. Second worst case scenario - My PERM gets approved and I-140 denied... then what different I can do?

3. Third worst case scenarios - PERM and I-140 get approved by 2014, but company shuts down in 2015, then is there anything I can do?

4. Best case scenario - before the PD becomes current, the PERM and I-140 approves and I get EAD... or is there any better chance than this?

5. Expert advice... need to know if this will be a smart move to quit and join this startup?

Please help... Thanks a lot in advance..

Last edited by pappu; 12-18-2012 at 06:39 AM.
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  #2 (permalink)  
Old 12-18-2012, 02:20 PM
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visshukl is infamous around these parts visshukl is infamous around these parts visshukl is infamous around these parts
Default Please ... anyone?

Can someone please reply...?
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  #3 (permalink)  
Old 12-18-2012, 02:37 PM
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you don't need "help", you want someone to give you advice on life matters. It is obvious you understand the pros and cons of every decision as far as immigration is concerned, you just want someone to make a decision for you. Why would you trust a stranger on the internet to do that for you? Are you really going to take a job or stick with your current one because I tell you to? If you are, then you have more serious issues than green card backlog.
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  #4 (permalink)  
Old 12-18-2012, 02:57 PM
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How about withdrawing yur application. Moving out of the country for a year. And then come back as a VP of the company to file in EB1.

Have you thought of this option in your many calculated moves you have listed?
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  #5 (permalink)  
Old 12-18-2012, 04:00 PM
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visshukl is infamous around these parts visshukl is infamous around these parts visshukl is infamous around these parts
Default Thanks...

Thanks NJboy... I thank for the time you tool to reply, but I think you missed my questions listed 1 to 5, those are asking precise information. Anyways - thanks, but no thanks!

Thanks imh1b... yes this is other option to be here as an international manager (I think being a VP of a company does not qualify for EB1, I am working as Director right now and I dont think being promoted to VP will qualify for this).
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  #6 (permalink)  
Old 12-18-2012, 04:53 PM
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An EB2 2010 PD is unlikely to be current in the next 5 years, unless the law changes, or a long deep recession chokes off new PERM applications so more numbers become available for the backlog.

Therefore, since the original post shows that the EAD or green card is more important, it is not advisable to join this startup, unless it can offer something towards that end. Probably the easiest option is to ask to work outside the USA for a year to be able to file under EB1. But perhaps the startup will pay enough to help qualify for EB1-EA or it may be able to structure your investment to allow an EB5 filing.
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  #7 (permalink)  
Old 12-21-2012, 05:34 PM
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just because you have put your musings in a numeric 1-5 order, it doesn't mean they are valid questions. I am sure you already know the answer to the 1 legal question you have asked, you are just trying to stir the pot here and get some feedback and try to figure out what you are going to do with your life. To avoid asking that directly, you have sprinkled in 1 legal question which you are modifying slightly and asking again. Maybe you don't realize this yourself, and are doing this unwittingly. Sit down and ask yourself the question, do you know what to do if PERM or I-140 is denied, and you will realize that you do know the answer..ie filing appeal, filing another PERM, finding another job etc. The rest of the questions are just fluff, an attempt to start a village discussion. The only difference is, we are not sitting on a "ghatia" or a "charpayi" and chewing pan.

1. In worst case scenario - If my PERM/I-140 denied with this startup... then what is the latest date, by when I need to join some other stable company so my H1 extends after 2015 (basically I will go back to some stable company where my PERM can filed again and I can take my PD date)... BUT what is the latest date I can do that citing 12/2015 Visa expiration.

You already know the answer, you need to join another company and either get 140 approved or have perm pending for >1 year by 2015 when your H1 will be over.


2. Second worst case scenario - My PERM gets approved and I-140 denied... then what different I can do?

the natural progression in this line of questioning would be that the Third Worst Scenario is that PERM gets approved, I-140 gets approved but 485 gets denied..lol

3. Third worst case scenarios - PERM and I-140 get approved by 2014, but company shuts down in 2015, then is there anything I can do?

lol..what can I say..what if the world ends today..can we do something different? Maybe you can fund the company and keep it alive just till your 485 interview date.

4. Best case scenario - before the PD becomes current, the PERM and I-140 approves and I get EAD... or is there any better chance than this?

yes there is a better scenario, you might win the mega millions and you can invest 1 million as investor and get green card.

5. Expert advice... need to know if this will be a smart move to quit and join this startup?

Expert advice- only you are an expert when it comes to your own life.
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  #8 (permalink)  
Old 12-21-2012, 05:52 PM
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here are some additional scenarios-
5th worst scenario- the printing press that prints the green card gets jammed up right before yours is printed and you are left without one

6th worst scenario- you have your consular interview but cannot go through the US consulate security because you are actually a Terminator made out of metal.

7th worst scenario- There is a tear in the space time continuum right at the location of your start up and you find yourself sitting in a T-Rex habitat with your preppy mac Air.

8th worst scenario - There is a black hole created in the CERN laboratory and they are unable to prevent it from swallowing the world before your priority date gets current.
........
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  #9 (permalink)  
Old 12-21-2012, 06:01 PM
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Njboy. That was funny.
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  #10 (permalink)  
Old 12-21-2012, 06:07 PM
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9 th worst case scenario. You realized that all these questions you posted on the forum, all your PERM application, 140 etc was just a dream . You just got up and saw from the window outside to realize that you are still in the home country trying to figure out how to get an H1B visa and go to America.

Merry Christmas.
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Last edited by pappu; 12-21-2012 at 06:16 PM.
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  #11 (permalink)  
Old 12-21-2012, 06:24 PM
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10 th worst case scenario. You already have a family based greencard. You are now applying an employment based greencard just for fun and to see if it looks different than the one you have, without realizing that 2 greencards can cancel each other and you will become undocumented.

Ho Ho Ho Ho.
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Last edited by pappu; 12-21-2012 at 06:38 PM.
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  #12 (permalink)  
Old 12-21-2012, 07:37 PM
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visshukl is infamous around these parts visshukl is infamous around these parts visshukl is infamous around these parts
Default :)

Holiday for sure started for you guys... ... Thanks for your replies and "what - if" scenarios... I love these "village talks".. Happy holidays!
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  #13 (permalink)  
Old 12-21-2012, 08:59 PM
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NJBOY, Yes it is very funny
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  #14 (permalink)  
Old 12-23-2012, 05:13 PM
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Hi visshukl,
Its a funny thread. NJBoy is right about the advice you need and you are probably the best judge when its time to decide for yourself. I was in similar situation few months back.
I have EAD and Jan 2003 PD in EB3, and that will probably become current by Oct 13 by my estimates. With my previous company I had my perm approved and they were willing to file 140 in premium. It would have made my PD current by Dec/Jan time-frame and few more months for GC if everything went smoothly. Overall it was 8-10 months extra for GC if I joined the startup. I thought that its time I take the risk of start-up and see if something can happen before I become too old and my spirit dies. Worst case I'll have to move to India and I am fine with it. Best case start-up is successful and I get my GC over time. So I decided to go for the start-up, and not waiting for my PD to become current.

In your case its a long wait before your PD becomes current with the current state of affairs. I will say take the risk. If you have confidence about your abilities you will have a job some place in worst case and you can reapply for gc process with your old PD. If you are very conservative then be with the current company and you may have to plan your retirement there itself Don't let the GC process ruin your career and life. My 2 cents. Happy holidays!!

-Avi
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  #15 (permalink)  
Old 12-27-2012, 02:05 PM
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Talking empathize with original poster but....

Quote:
Originally Posted by njboy View Post
here are some additional scenarios-
5th worst scenario- the printing press that prints the green card gets jammed up right before yours is printed and you are left without one

6th worst scenario- you have your consular interview but cannot go through the US consulate security because you are actually a Terminator made out of metal.

7th worst scenario- There is a tear in the space time continuum right at the location of your start up and you find yourself sitting in a T-Rex habitat with your preppy mac Air.

8th worst scenario - There is a black hole created in the CERN laboratory and they are unable to prevent it from swallowing the world before your priority date gets current.
........
I can identify more with OP but njboy ..... had a point. There are no guarantees in life. We can get laid off after GC and what not?

We would have been better of being a state bank of India employee with a tenure. Remember the doordarshan times ? - those who had a job had security, predictability and of course minimal growth.

May be atleast for me an SBI job would have been better than the unpredictability.
Njboy even, CERN's blackhole can't touch a government job in India
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