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Rakson
02-28-2010, 12:12 PM
Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.

#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).

I want to change job and join Company B (new company) for excellent offer and life long stability.

As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?

Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?

meridiani.planum
02-28-2010, 04:46 PM
Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.

#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).

I want to change job and join Company B (new company) for excellent offer and life long stability.

As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?

Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?


A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.

B. yes, new company can start another PERM

C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.

roseball
02-28-2010, 05:33 PM
Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.

#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).

I want to change job and join Company B (new company) for excellent offer and life long stability.

As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?

Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?


A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved

B. Yes, new company can start a new PERM and port your earlier PD during I-140 process

C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.

Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)

Rakson
02-28-2010, 11:25 PM
A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved

B. Yes, new company can start a new PERM and port your earlier PD during I-140 process

C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.

Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)

roseball & "meridiani.planum" thanks to both of you on this confirmation. I will make sure to resign only after getting 3 years approval by new company.

roseball, "life long stability" is relative term as I am seeing new job much more stable than where I am as of today. ..

Again thanks for your help..

gcadream
03-01-2010, 11:02 AM
Another front to think about :

Recently I have heard that when the company publishes advertisement for the labor when filling for fresh PERM, every time there is a response coming back because of the higher rate of unemployment in the market. The issue is, if any response comes back then the company cannot proceed with the labor and new GC process gets hung.

So, to be on safer side just check on ur skill set before resigning the current job as it should not be readily available in the market.

Rakson
03-01-2010, 01:25 PM
Another front to think about :

Recently I have heard that when the company publishes advertisement for the labor when filling for fresh PERM, every time there is a response coming back because of the higher rate of unemployment in the market. The issue is, if any response comes back then the company cannot proceed with the labor and new GC process gets hung.

So, to be on safer side just check on ur skill set before resigning the current job as it should not be readily available in the market.


You have added important point for consideration. Thanks!

Rakson
03-03-2010, 07:58 PM
You have added important point for consideration. Thanks!


I am including response from Rajeev Khanna. I took paid consultation today and paid him $220 for above queries. He is excellent. I would recommend him for all immigration queries...

A. Can USCIS revoke extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?

Rajeev >> USCIS can but they have not done this till today ( as per history in Rajeev's database).

B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?

Rajeev >> YES, they can. It is recommended to start before start of 7th year but not MUST.

C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?

Rajeev >> Yes, its possible if revoke is not due to fraud filing..

1. What kind of trend is there now a days on PERM labor approval? Lot of queries and rejections ?

Rajeev >> No, this is not true. USCIS is still approving as before.

2. Can my new PERM or I-140 be denied for any reason? It was approved for me twice in past.

Rajeev >> Yes, this could happen as every filing is new and handled from starting.

3. Can I keep running existing GC without continuing with old company? When should I join them back for safe GC processing? After GC? After EAD? During 485 filing?

Rajeev >> Ideally after GC you must join but it is recommended to join back during 485 filing.

4. My wife worked on L2+EAD for 3 years. Is L2+ EAD period counted towards 6 years work visa like (H1 + L1).

Rajeev >> No, L2+EAD period is not counted like H1 & L1.

gcadream
03-04-2010, 09:24 AM
Thanks a lot Rakson for updating the forum with valuable question and answers with the lawyer. Really appreciate it !!
It cleared lot of my doubts as well but regarding point 'C'

[C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?]

I have heard lawyers saying in this forum itself that it can be a problem if the previous employer revokes the approved I-140, irrespective whether it was fraud or not. I don't have the links saved for that discussion, otherwise I would have pasted it.

But are you very sure about point 'C' that what ever ur lawyer said is correct and final ?