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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 11-18-2015, 03:05 AM
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Default Approve I140, SpinOff

Hello Everyone,

I am in 7th year H1B and I have an approved I-140. My company A has decided to spin off my division into separate publicly traded company B after 1 year. Could someone help me as to what I can do here?

1) If I change job to company C next 2-3 months, will it affect my GC process in my new company C. I think my current company A will keep I-140 for atleast 1 year after which I suspect my newly formed company B will not amend I-140 since I may not work there at that time and hence may revoke it after 1 year.
2) Is old I-140 approval required in new PERM or new I-140 filling stages? I am thinking I can get fresh 3-year H1B extension using my current I-140 which should give me sufficient time to get new I-140 approval. In short if someone can explain what is the use of old approved I-140 once you change your jobs, I would really appreciate it. I am not sure what I may loose if my current company A decides to revoke my approved I-140 after I leave them.
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  #2 (permalink)  
Old 11-18-2015, 10:58 AM
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Default

1. No, it wont affect.
2. old is used for retaining your old priority date at the time of applying for new I-140.

you wont lose anything.

Quote:
Originally Posted by drevil08 View Post
Hello Everyone,

I am in 7th year H1B and I have an approved I-140. My company A has decided to spin off my division into separate publicly traded company B after 1 year. Could someone help me as to what I can do here?

1) If I change job to company C next 2-3 months, will it affect my GC process in my new company C. I think my current company A will keep I-140 for atleast 1 year after which I suspect my newly formed company B will not amend I-140 since I may not work there at that time and hence may revoke it after 1 year.
2) Is old I-140 approval required in new PERM or new I-140 filling stages? I am thinking I can get fresh 3-year H1B extension using my current I-140 which should give me sufficient time to get new I-140 approval. In short if someone can explain what is the use of old approved I-140 once you change your jobs, I would really appreciate it. I am not sure what I may loose if my current company A decides to revoke my approved I-140 after I leave them.
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  #3 (permalink)  
Old 11-18-2015, 12:41 PM
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Default

If old I-140 is used at the time of applying new I-140 for retaining priority date, then I can be in a problem right?

Jan - I start at company C and they start my PERM process
Sep - Company A splits with Company B and amends approved I-140 only for those people who are still with company A
Oct - Perm Process possibly completes: 8-10 months
Nov - new I-140 with company C.

How can I make sure I retain old PD? Or would it better for me to stick with this company and change jobs after a year when I have my amended I-140 with me.
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Old 11-18-2015, 01:22 PM
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Quote:
Originally Posted by drevil08 View Post
If old I-140 is used at the time of applying new I-140 for retaining priority date, then I can be in a problem right?

Jan - I start at company C and they start my PERM process
Sep - Company A splits with Company B and amends approved I-140 only for those people who are still with company A
Oct - Perm Process possibly completes: 8-10 months
Nov - new I-140 with company C.

How can I make sure I retain old PD? Or would it better for me to stick with this company and change jobs after a year when I have my amended I-140 with me.
AFAIK, all you need to do is to send a copy of ur old 140 while applying for new 140 at C. What happens to it at A or B in the background after u leave is immaterial.
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Old 11-18-2015, 06:23 PM
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Posts: 13
drevil08 is on a distinguished road
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Thanks. I have a copy of my approved I-140 with me so I hope I am good to retain my PD as long as I can find another job before company split happens in 10-12 months.
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