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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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Old 10-12-2017, 08:21 PM
Senior Member
Priority Date
:
Jul-07
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Apr 2007
Posts: 192
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Default H1B Cap exempt & Portability

Hi,

I have two questions for experts based on the following facts:
  • As an Indian citizen on H1B visa, I worked in the USA from April 2005 until Nov 2012 (around 7.5 years).
  • Employer filed for green card and got approved I-140 EB2 in 2007
  • H1B visa expired in Oct 2013.
  • Relocated to Canada (2012-present) and worked independently as a Contractor for Canadian companies.
  • Got Canadian citizenship in 2017

My questions are:
  • A. Can a new employer in the USA file for my H1B under visa cap exempt option?
  • B. If the new employer files for my Green Card immediately, can I port my priority date of EB2 July 2007 and get my Green Card quickly by filing I-140 & I-485 concurrently? Does my Canadian citizenship or time lapse of staying outside the USA cause any problems in porting my priority date?


Please advise.

ND
__________________
Arrived in the USA on H1B in April 2005: Company A; Labor Filed - EB2, July 07 | I-140 approved July 2008
Change of Employer to Company B in Oct 2007: Labor Filed - EB3, Sept 08 | I-140 approved June 2009

Finally moved to Canada at the end of June, 2012
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