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Bhaskar_80
06-10-2010, 11:28 AM
Hi Gurus,

I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.

Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.

Now my question is that, I am planning to change my job (to employer B) in September 2010.

Please help with your valuable answers for the following questions:-

1. How long does it take to get the i140 approved?
(Regular/Premium)

2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?

3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?

4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?

5. Does the new job need to be the same title and job requirements as the old one?

thomachan72
06-10-2010, 12:45 PM
Hi Gurus,

I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.

Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.

Now my question is that, I am planning to change my job (to employer B) in September 2010.

Please help with your valuable answers for the following questions:-

1. How long does it take to get the i140 approved?
(Regular/Premium)
Premium should get it done in less than one months
2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
Once the 140 is withdraws things can become problematic. It is not very safe as per my limited knowledge
3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?

4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
copies of previous approvals
5. Does the new job need to be the same title and job requirements as the old one?
absolutely yes

gnutin
06-10-2010, 01:43 PM
Hi Gurus,

I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.

Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.

Now my question is that, I am planning to change my job (to employer B) in September 2010.

Please help with your valuable answers for the following questions:-



1. How long does it take to get the i140 approved?
(Regular/Premium)

It is typically taking 1 to 3 months with Regular, but there are cases stuck for much longer too. (Refer to .com for a general idea). With Premium it should be within 30-45 days.

2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?

You lose your PD if employer A revokes the I-140 approval. Note that this revocation is not common and is generally seen in fraud cases.

3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?

Premium processing would take less than 30 days. To be safe move after employer B receives the approval.

4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?

You need a copy of the I-140 approval notice and a copy of your PERM labor filing. Any other documents would be a plus because they would help the employer B's attorneys to prepare similar applications.

5. Does the new job need to be the same title and job requirements as the old one?

For porting PD, the answer is no. In fact new job can be EB2 while the old one was EB3.

Bhaskar_80
06-10-2010, 03:29 PM
Thanks for your immediate response, gnutin and thomachan72.

Mr.gnutin,

Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.

As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario

1. If my labor from my previous employer (A) is approved (which in my case)
2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)

Thanks and Regards,

gnutin
06-10-2010, 03:36 PM
Thanks for your immediate response, gnutin and thomachan72.

Mr.gnutin,

Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.

As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario

1. If my labor from my previous employer (A) is approved (which in my case)
2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)

Thanks and Regards,

H1B transfer has nothing to do with your Labor or I-140 approval. The "transfer" is really like a new H1B application and will be treated as such. The I-140 approval comes into play only if you are past 6 years of your H1B, which you are not.

Bhaskar_80
06-10-2010, 03:42 PM
Once again Thanks Mr. Glutin,

So it means, when I apply for H1B Transfer this time, I will get an H1B Visa valid till May 2012 right? Please let me know whether my assumption is right.

Also am I eligible to process my i140 through Premium Processing?

Thanks and Regards,

gnutin
06-10-2010, 03:56 PM
Once again Thanks Mr. Glutin,

So it means, when I apply for H1B Transfer this time, I will get an H1B Visa valid till May 2012 right? Please let me know whether my assumption is right.

Also am I eligible to process my i140 through Premium Processing?

Thanks and Regards,

Yes, 2012 it should be. There is a provision that if you have an approved I-140, your attorney could request the visa for 3 years, so 2013 it would be.

The I-140 premium processing requirements keep changing, so I can't say if you qualify. Wait for someone else to respond or search online and the forums here.

Bhaskar_80
06-10-2010, 05:16 PM
Mr. gnutin,

I really appreciate your help on this regard.

Thanks a lot!

Bhaskar_80
06-17-2010, 05:25 PM
Mr.gnutin or any other expert,

Can you please confirm whether I have to stick with the company for 180 days after the 140 approval, if i am planning to change the job to port the Priority date?


Thanks

gnutin
06-17-2010, 05:34 PM
Mr.gnutin or any other expert,

Can you please confirm whether I have to stick with the company for 180 days after the 140 approval, if i am planning to change the job to port the Priority date?


Thanks

No need to stick with company for 180 days after I-140 approval to keep your PD.

The 180-days thing is if you're filing I-485 along with I-140. If this is the case with you then wait 180 days, get your EAD and invoke AC-21 to change employers.

plshelpme
09-22-2010, 01:04 PM
my labor is in audit. how long does it take to clear?

DUNBAR
09-22-2010, 01:48 PM
My labor was filed in 2008, got the Audit in filed month 2009,responded and got cleared in filed month 2010.