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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 03-24-2016, 08:55 AM
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Default Special case with I-140/I-485/H1/H4

Hi,

My employer filed my GC in EB3 several ago and my I-140 was approved in 2007. I-485 is pending. I have several questions. Can some one help?

1. My employer did not share the approved I-140 document with me for obvious reasons. I have the case number for my I-140 and when I inquire the USCIS website, it says that my I-140 (Immigrant petition) is approved. If I need to switch my employer, is this case number enough or do I need the approved copy of the I-140 document?
2. I am in India right now and my employer filed extension for my H1B few weeks ago, but it appears that an RFE has been issued. Unfortunately, my employer's contract with the client has ended after I submitted my H1B extension documents. I assume the RFE must be for the contract or SOW with the client which is not possible right now. Is it possible to amend the H1B extension petition by showing some other client?
3. When I filed my I-485 (somewhere during 2008/2009), my daughter was not born and hence we were able to file I-485 for me and my wife only. Is it possible to add my daughter with an amendment?
4. Now if I switch to a different employer and move to US, what happens to my daughter's H4 if we get green card?
5. My latest H1B approval notice expired already. It appears that an extension can be filed any time for me since my I-140 was approved long back. Can some one confirm?
6. If my current employer revokes my I-140, what options will I have if I switch to a new employer?
7. I applied for AP and EAD while filing I-485. However, both were expired and I did not renew as I need to keep my H1 in order to keep my daughter's H4. Is it possible to apply them now? If I don't get my H1B extension approved, what option I will have for my daughter?
8. It appears that I can get a copy of my I-140 using FOIA. Can some one let me know the procedure? How long does it take if I apply from India?
9. I don't have the approved labor copy with me. Is it possible to get a duplicate copy from USCIS or is it required? I understand that if I switch to a new employer, a new labor petition has to be filed.

Sorry for the long list of questions, but I am unclear about several facts due to my case complexity.

Thanks.
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  #2 (permalink)  
Old 03-24-2016, 02:53 PM
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abhi_2753 has a spectacular aura about abhi_2753 has a spectacular aura about
Default 140 approval

I am not sure about how much time it will take when you apply from India. I was in same situation like you, my employer did not share a 140 approval but gave me 140 receipt #. I applied to FOIA and got 140 approval and labor certificate in three weeks. I was in US that time.

I followed below instructions.
FOIA/PA filing information
All,

You can request a copy of I-140 approval from USCIS using G-639 form (download from www.uscis.gov).

In G-639 form, Fill out the following information

I) Type of request
-> Freedom of information Act (FOIA)

2) Requester Information
--> Your Communication address

3) Consent to release information
--> Please choose "A portion of my records" box

4) Information needed to search for record
--> Please specify only "ETA 9089" for PERM CASEs or ETA 750 PART A & B. ( I have asked for ETA 9089,)
--> You can also ask for I-140 approval copy(Since i have approval letter i didn't ask.)
*Note: If you specify portion of record in application, then it will be processed in Track one otherwise it is going to be in complex track(Track Two).

5) Data needed on subject of record,
--> Please give A#, Receipt number, DOB, I-94 Admission # and your name etc.,
6) Verification of subject identity
--> Notarized affidavity of identity
7) Signature of subject of record

8) Notary
-> Please Notarized the G-639 form

Send the filled form to the following address

National Records Center - FOIA Division
P.O Box 64801
Lees Summit, MO 64064-8010

You will get receipt notice with NRCxxxxxxxxxx which can be trackable through the following link.

http://www.uscis.gov/portal/site/usc...004718190aRCRD


I have applied it, it is in the process, i believe it is going to take minimum 3 to 5 months since my case is assigned to Track One. Every month they are processing atleast 1000 Applications. It may take morethan 6 months if the case is assigned in complex track. If you ask for full package then difinitely they will put into complex track(ie Track Two).

Please let me know if you need any more information on this regard.
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  #3 (permalink)  
Old 03-24-2016, 03:33 PM
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Feb-05
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Default

Quote:
Originally Posted by jinglebell1974 View Post
Hi,

My employer filed my GC in EB3 several ago and my I-140 was approved in 2007. I-485 is pending. I have several questions. Can some one help?

1. My employer did not share the approved I-140 document with me for obvious reasons. I have the case number for my I-140 and when I inquire the USCIS website, it says that my I-140 (Immigrant petition) is approved. If I need to switch my employer, is this case number enough or do I need the approved copy of the I-140 document?
2. I am in India right now and my employer filed extension for my H1B few weeks ago, but it appears that an RFE has been issued. Unfortunately, my employer's contract with the client has ended after I submitted my H1B extension documents. I assume the RFE must be for the contract or SOW with the client which is not possible right now. Is it possible to amend the H1B extension petition by showing some other client?
3. When I filed my I-485 (somewhere during 2008/2009), my daughter was not born and hence we were able to file I-485 for me and my wife only. Is it possible to add my daughter with an amendment?
4. Now if I switch to a different employer and move to US, what happens to my daughter's H4 if we get green card?
5. My latest H1B approval notice expired already. It appears that an extension can be filed any time for me since my I-140 was approved long back. Can some one confirm?
6. If my current employer revokes my I-140, what options will I have if I switch to a new employer?
7. I applied for AP and EAD while filing I-485. However, both were expired and I did not renew as I need to keep my H1 in order to keep my daughter's H4. Is it possible to apply them now? If I don't get my H1B extension approved, what option I will have for my daughter?
8. It appears that I can get a copy of my I-140 using FOIA. Can some one let me know the procedure? How long does it take if I apply from India?
9. I don't have the approved labor copy with me. Is it possible to get a duplicate copy from USCIS or is it required? I understand that if I switch to a new employer, a new labor petition has to be filed.

Sorry for the long list of questions, but I am unclear about several facts due to my case complexity.

Thanks.
1. If you switch jobs while already employed then your new employer will have to file H-1 and will need copy of I-140 for 3 yr extension. You could use EAD card but since your daughter is not added to your 485, you cannot use it for employment. Also, you cant use AP to enter USA. You will have to keep maintaining H-1 until your daughter is added to your 485.

2. I believe that could be possible but you need to talk to lawyer. If your employer can have you work on a different client's project, then you can check if RFE response can state that the current client project is completed and this is the new info. Not sure if this is possible, but again lawyer may have more accurate details on this.

3. I believe you cant apply for AP or EAD while being out of the country. Also, lets assume that you can apply and you get it approved, you still cant use it as that will technically put your daughter out of status since she is not on your 485. Was your daughter born in India ?

4. New employer can file for your H1b extension based on your I-140. Rule is if you have approved I-140, you can get 3 yrs of H1 extensions until your 485 is processed.

5. Yes you can file for new H1b which can be extension or consular processing depending upon your legal status. If you are employed and has valid status where you can provide 2 paychecks for new h1b filing then you can get extension OR you have to do consular processing if there is a gap in status and get it stamped by going out of country.

6. I dont think your I-140 can be revoked now as you have already filed 485 so technically you are detached from your current employer.

7. You cant apply EAD/AP while out of country and you cant use them as then you loose H1b status. There are no options for your daughter. You have to have H1b to have H4.

Since you have filed for 485, you are no longer dependent on your current employer. You can switch employment, but your new employer has to apply for H1b to keep your daughter in status. You dont have to file new labor, as long as you are working in same filed in new job and continue your EB3 application. If you want to do EB2 then only new employer has to start GC process all over again and then port your EB3 date to EB2.

You can add your daughter to your 485 application only when your EB3 date becomes current. Usually you have 40-50 days to add your daughter as visa bulletins come out in first week of every month for the following month so if you know that your date is current then you can amend your 485 and add your daughter.
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  #4 (permalink)  
Old 03-24-2016, 09:15 PM
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jinglebell1974 is on a distinguished road
Default

Thanks for the responses.

@Abhi_2753: Thanks for the detailed procedure.

@Dipdowndust: Yes, my daughter was born in India.
I do have one more question. My priority date is somewhere in 2005. If I switch to a new employer and change my GC from EB3 to EB2, the priority date becomes current immediately as the current priority date for EB2 is somewhere in 2008. So, I will receive my GC in couple of weeks there after. With in this gap, is it possible to file I-485 for my daughter? Assuming that if I am able to file her I-485, what happens once I receive my actual GC?


Thanks.
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  #5 (permalink)  
Old 03-25-2016, 02:20 AM
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Default

Quote:
Originally Posted by jinglebell1974 View Post
Thanks for the responses.

@Abhi_2753: Thanks for the detailed procedure.

@Dipdowndust: Yes, my daughter was born in India.
I do have one more question. My priority date is somewhere in 2005. If I switch to a new employer and change my GC from EB3 to EB2, the priority date becomes current immediately as the current priority date for EB2 is somewhere in 2008. So, I will receive my GC in couple of weeks there after. With in this gap, is it possible to file I-485 for my daughter? Assuming that if I am able to file her I-485, what happens once I receive my actual GC?


Thanks.
If you do GC in EB2 then yes your priority date will become current as soon as your labor is approved and then you can add your daughter to 485. But, filing for labor and then 140/485 will take time. Also, you have to find employer who is ready to do it. Since your priority date is in 2005 and currently EB3 is at Aug 2004, your date may get current soon depending upon what month of 2005 is your priority date. You can check 485 inventory and calculate how much time it will take.

Like I said, you will know in advance when your date will become current and thats when you add your daughter to I-485. You are not going to get GC without knowing whether you are current or not. You have to follow visa bulletin and then act accordingly.
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  #6 (permalink)  
Old 03-28-2016, 08:45 PM
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tspiv is on a distinguished road
Default

Btw - regarding the FOIA, you can email the request; also no need for any Notarized affidivate. I send an email on Feb 1, 2016 and got the CD mailed to my home around last week. Less than 2 months. Below is the procedure


Print G-639:

Part 2.1 = yes (leave remaining of the part 2 blank)
Part 3.1 = Copy of my entire I-140 petition
Part 3.6 = Alien registration number. This should be in the H1-B approval notice under your name, an number starting with A-.
Part 4 = give mailing address
Part 4.8b = self sign and date. (no need to fill Part 4.8a/c)
Part 5 = blank

Scan and email the completed G-639 as attachment to: uscis.foia@dhs.gov

Subject: FOIA request for copy of my I-140 Petition
Body -> Mention you are ok with either hard copy or soft copy.
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  #7 (permalink)  
Old 03-29-2016, 01:01 AM
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jinglebell1974 is on a distinguished road
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@tspiv, thanks for the procedure.

Is it possible for me to apply for the copy of I-140 from India? I mean can I provide India address as mailing address? If not, can I apply from India, but I can provide my US friend's address as mailing address. Is that possible?

Thanks.
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  #8 (permalink)  
Old 04-19-2016, 02:44 AM
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jinglebell1974 is on a distinguished road
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Hi,

I have couple more questions. Can some one help?

1. Is it possible for me to apply for the copy of I-140 from India? I mean can I provide India address as mailing address? If not, can I apply from India, but I can provide my US friend's address as mailing address. Is that possible?

2. An employer B is ready to file my H1B extension (which is expired). Does this employer need to transfer my GC processing also from my current employer A?

3. Does Employer B needs to transfer my H1B also in order to file an extension?

4. I am in India right now. Based on Visa Bulletin Priority Date Estimator, it appears that I may get GC sometime in 2017. What happens if my GC is ready by next year but I am in India? What should I do to get and own my GC?

5. If Employer B is ready to transfer my GC under EB2 (currently it is in EB3), I assume labor and I-140 needs to be done again though I can retain my PD. How long does it take for the labor and I-140 to be cleared?

Thanks,
Balaji.
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