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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 02-17-2013, 12:39 AM
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vidya1979 is on a distinguished road
Default I140 - To India and back

Here's my scenario:

I was working with Company A from Aug 2008 to Aug 2012.
I had my I 140 approved through Company A in EB2 category and got a priority date of Nov 2010.
Then I transferred my H1B from Company A to Company B and legally started to work for Company B from Sep 2012.
Something came up on my family front and I had to quit Company B and go back to India in Oct 2012
Now my issues are resolved and I'd like to come back - My previous H1 might have been revoked so I have to find an H1 sponsor.
Assuming I get a H1 sponsor who agrees to do my greencard, would it be possible to port the PD (from Company A)? I am not sure, but the labor might have been revoked by Company A. But since there is no fraud in it, would it be possible to retain the priority dates?

Regards.
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  #2 (permalink)  
Old 02-17-2013, 10:52 PM
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Priority Date
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Mar-09
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I140 Mailed Date
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You can definitely take advantage of approved I-140 from employer A even if A revokes it. You can retain PD. But you need I-140 approval notice no. Employer A can't revoke PERM / labor.
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  #3 (permalink)  
Old 02-18-2013, 11:17 PM
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vidya1979 is on a distinguished road
Default H1B Cap Exempt

In the same lines,

I had an H1B petition with my previous employer till mid 2015. Even if the petition is revoked, will I be eligible to file for a cap-exempt H1B with another company? I have been out of the country only for 5 months.

In case I am eligible, can I start working as soon as the approval comes in or should I wait till Oct before I can start working.
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  #4 (permalink)  
Old 02-19-2013, 06:34 AM
Member
Priority Date
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Mar-09
Category
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EB2
I140 Mailed Date
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India
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I-140
I485 Mailed Date
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Join Date: Sep 2008
Posts: 45
itsmeusa has a brilliant future itsmeusa has a brilliant future itsmeusa has a brilliant future itsmeusa has a brilliant future itsmeusa has a brilliant future itsmeusa has a brilliant future itsmeusa has a brilliant future itsmeusa has a brilliant future itsmeusa has a brilliant future itsmeusa has a brilliant future itsmeusa has a brilliant future
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Your H-1B will be cap-exempt as you were out for only 5 months. In that case, you do not need to wait for Oct. As soon as it's approved and you get H-1B visa to enter US, you can start working. Please consult lawyer for more details.
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