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h1_b_visa_holder
10-07-2010, 08:09 PM
I am EB2-I I-140 Approve, Priority Date of June 2009.

I have completed 6 years on H1 and recently got 3 year extension till Sep 2013. I am working for a small consulting company and the salary is also decent.

However, I have got a great offer, not much salary difference, but the location is in the city where I have lived earlier and I would love to go back. There will be about 50% travel involved though... With my current company I have to move from city to city after 1 year or so... The new job I have is the kind of profile and work which I love.

Do you guys think If I change this job, will I loose my priority date. My new company may not start GC processing right away as I join. They may wait one year before they file the new PERM and I-140. Will I be able to retain my priority date. I am trying to negotiate immediate GC filing but as of now they are saying they have to wait one year.

Guys please suggest what you think.... Is it too risky to change my job at this point.. Will I lose my priority date.

Do you guys think I might miss the bus in case the dates become current between now and when I file my new labor & I-140

uma001
10-07-2010, 09:01 PM
I am EB2-I I-140 Approve, Priority Date of June 2009.

I have completed 6 years on H1 and recently got 3 year extension till Sep 2013. I am working for a small consulting company and the salary is also decent.

However, I have got a great offer, not much salary difference, but the location is in the city where I have lived earlier and I would love to go back. There will be about 50% travel involved though... With my current company I have to move from city to city after 1 year or so... The new job I have is the kind of profile and work which I love.

Do you guys think If I change this job, will I loose my priority date. My new company may not start GC processing right away as I join. They may wait one year before they file the new PERM and I-140. Will I be able to retain my priority date. I am trying to negotiate immediate GC filing but as of now they are saying they have to wait one year.

Guys please suggest what you think.... Is it too risky to change my job at this point.. Will I lose my priority date.

Do you guys think I might miss the bus in case the dates become current between now and when I file my new labor & I-140

Dont trust any company if they say they will start GC processing after 6 months or one year.I know which company you r talking about.Name starts with 'C'. I suggest to stick with current company until you get EAD

ramaonline
10-07-2010, 09:30 PM
If your I140 is approved you can retain the priority date on a new I140 application

You must get a new labor approved from the current employer

USCIS - Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cfe8745543256210VgnVCM100000082ca60aRCR D&vgnextchannel=7085aca797e63110VgnVCM1000004718190a RCRD)

peacocklover
10-08-2010, 08:15 AM
well said. 100% agree. I got the similar bad experience in this regard. Better to stick until you get your EAD.

Dont trust any company if they say they will start GC processing after 6 months or one year.I know which company you r talking about.Name starts with 'C'. I suggest to stick with current company until you get EAD

pbuckeye
10-08-2010, 09:33 AM
Do you guys think I might miss the bus in case the dates become current between now and when I file my new labor & I-140

First up, since your I-140 is approved, you have your priority date secured.

Even though I have been burned by a similar promise by a fortune company, I would suggest looking at it from a career advancement perspective. If its what you would love to do and you are getting that opportunity, I would say go for it. If you play it right, you can keep your GC process on track at the same time. It will be a while before your PD gets current, so don't worry about missing the bus.

If things don't work out, you can always come back to consulting (still keeping your priority date). At least you won't regret a missed opportunity.

smuggymba
10-08-2010, 09:43 AM
I am EB2-I I-140 Approve, Priority Date of June 2009.

I have completed 6 years on H1 and recently got 3 year extension till Sep 2013. I am working for a small consulting company and the salary is also decent.

However, I have got a great offer, not much salary difference, but the location is in the city where I have lived earlier and I would love to go back. There will be about 50% travel involved though... With my current company I have to move from city to city after 1 year or so... The new job I have is the kind of profile and work which I love.

Do you guys think If I change this job, will I loose my priority date. My new company may not start GC processing right away as I join. They may wait one year before they file the new PERM and I-140. Will I be able to retain my priority date. I am trying to negotiate immediate GC filing but as of now they are saying they have to wait one year.

Guys please suggest what you think.... Is it too risky to change my job at this point.. Will I lose my priority date.

Do you guys think I might miss the bus in case the dates become current between now and when I file my new labor & I-140

If GC is priority - stick with ur current job.

If job, salary, growth are a priority - change as needed.

When companies say they will file GC, many things can change from now and then and they might say that they can't do it or even sometime the HR who you talk to changes....so it's all luck.

What's ur prinority is what matters

SGP
10-08-2010, 09:56 AM
I am EB2-I I-140 Approve, Priority Date of June 2009.

I have completed 6 years on H1 and recently got 3 year extension till Sep 2013. I am working for a small consulting company and the salary is also decent.

However, I have got a great offer, not much salary difference, but the location is in the city where I have lived earlier and I would love to go back. There will be about 50% travel involved though... With my current company I have to move from city to city after 1 year or so... The new job I have is the kind of profile and work which I love.

Do you guys think If I change this job, will I loose my priority date. My new company may not start GC processing right away as I join. They may wait one year before they file the new PERM and I-140. Will I be able to retain my priority date. I am trying to negotiate immediate GC filing but as of now they are saying they have to wait one year.

Guys please suggest what you think.... Is it too risky to change my job at this point.. Will I lose my priority date.

Do you guys think I might miss the bus in case the dates become current between now and when I file my new labor & I-140

Will your old company retain your approved I-140? OR will they revoke it. There are some confusions in this area as far as retaining the PD is concerned. Some say that if the old company revokes your approved I-140 before your new company files for new I-140 then you loose the priority date. Some say that even if old company revokes your approved I-140 then the USCIS will consider your old priority date unless USCIS themselves cancel the approved I-140 on the basis that there was fraudulent filing by the old company. I will suggest speak to an attorney for clarifications and then decide my friend.

h1_b_visa_holder
10-11-2010, 09:19 AM
Will your old company retain your approved I-140? OR will they revoke it. There are some confusions in this area as far as retaining the PD is concerned. Some say that if the old company revokes your approved I-140 before your new company files for new I-140 then you loose the priority date. Some say that even if old company revokes your approved I-140 then the USCIS will consider your old priority date unless USCIS themselves cancel the approved I-140 on the basis that there was fraudulent filing by the old company. I will suggest speak to an attorney for clarifications and then decide my friend.

Just give you some more details about my situation...

Current Company - Small Indian Company. They started my GC as soon as I joined them in my 6th year on H1 which helped me with 3 yr extension. I was working for an american company before that. I am very thankful to them. Job profile is decent.

Prospective Company - Mid Sized Indian Company. It is not "C". Their history of PERMS (from flcdatacenter) is very less but they are figuring it out within their company at this point. This is what I am thinking. I will say Yes only if they agree to start GC processing right away. If they say 3 months, 6 months, 1 year, they may drag it.
Positive with new company, different job profile. Instead of delivery it will give me an opportunity in technical sales and thus I will be able to get more experience. Ofcourse there is travel involved..

Also, my current I 140 is less than 6 months old. Do you think if my current company withdraws, will it be an issue in H1 Transfer (9th yr) and 140 porting. Incidentally, there is an article on murthy this Friday about the same thing but it doesnt say anything about cancellation of previous I 140.

h1_b_visa_holder
10-14-2010, 09:52 AM
Friends.. I would appreciate your suggestions / feedback / experiences.

It is a tough decision for me to make :confused:

injrav
10-14-2010, 10:10 AM
Dont trust any company if they say they will start GC processing after 6 months or one year.I know which company you r talking about.Name starts with 'C'. I suggest to stick with current company until you get EAD

He is 100% right
C company bluffed all most 5 of my friends.. All were worked as consultants in a reputed Boston based mutual fund company.. Then C entered as offshore partner and then pulled few consultants [who were with client] by promising G filing after one year that too on EB2..Then all of sudden [i.e. after one year] they said, you need higher amount salary to file Eb2 so we will file only one Eb3. Friends even ready for eb3,, but they keep on delayed by telling silly reasons [manager on leave,, temporary self moritorium to file GC as new england region not performing well,, some time even Resume is not good etc]..
The above information is from my friends 100% genuine.. I was with them all most 3 1/2 years.. They are crying a lot

h1_b_visa_holder
10-14-2010, 10:47 AM
Thanks for the reply.

It is not "C" but it is a similar company (top 50 in DQ list).

I am still negotiating on GC and they are checking with their legal team. I have decided that I will take the offer only if they agree they will start GC on day 1 of my joining. Otherwise, I am hopeful of getting EAD in the next 2-3 years.

vishwak
10-14-2010, 11:44 AM
Take wise decision.

The company you are going to join doesn't have history and can't get your Labor approved soon, you will have issues. Think about company also before joining.

feedfront
10-14-2010, 01:24 PM
Just give you some more details about my situation...

Current Company - Small Indian Company. They started my GC as soon as I joined them in my 6th year on H1 which helped me with 3 yr extension. I was working for an american company before that. I am very thankful to them. Job profile is decent.

cancellation of previous I 140.

Can you join after they file? If answer is yes then join otherwise I'll say don't trust them..

h1_b_visa_holder
10-14-2010, 01:47 PM
Can you join after they file? If answer is yes then join otherwise I'll say don't trust them..

Can they start GC processing even before I join? I am not sure if they will agree. What if they say we will start as soon as you join

feedfront
10-14-2010, 01:55 PM
Can they start GC processing even before I join? I am not sure if they will agree. What if they say we will start as soon as you join

Yes, they can start GC before you join. It's for future employment. You can promise them that you would reimburse fees, if you don't join after filing.

uma001
10-14-2010, 03:33 PM
Can they start GC processing even before I join? I am not sure if they will agree. What if they say we will start as soon as you join


They wont start before join. Thats for sure. Nowadays no company is doing green card as future employee.
What if the company says ' we will file green card on day one' and they dont do it. Will you look for another job imemdiately. Think about it. Its like slow poisoning. They feed you with slow poisoning. They wont file your green card and you dont wont come out of that company since its secured. Finally you have to leave this country with tears and without green card. My experience is saying this.

Take risks, Work as consultant, drive as slong as you can, fly as far as you can. Spend quality time with family whenever you can, file green card as soon as you can .

kabHogaGc
11-07-2010, 11:49 AM
I am on my 6th year of H1B (NIV Expiration Sept 2011) Visa. My I-140 was approved in 2008 and have been waiting to file for I-485 since then. I have recently learnt of layoffs in my company planned beginning Jan 2011. Instead of letting that happen, I want to be proactive and see if I can find another employer. What are my options? Can I switch employers without having filed for I-485?

indigo10
11-07-2010, 01:31 PM
I am on my 6th year of H1B (NIV Expiration Sept 2011) Visa. My I-140 was approved in 2008 and have been waiting to file for I-485 since then. I have recently learnt of layoffs in my company planned beginning Jan 2011. Instead of letting that happen, I want to be proactive and see if I can find another employer. What are my options? Can I switch employers without having filed for I-485?

You will get a 3 year extension with new employer as your I-140 is approved with your current employer.
Mar-08 may not be current in next year to file for 485. So the new employer will have 1-2 years to apply for labor and I-140 for you and you still wont lose your number in the queue or miss the boat. Make sure they port your priority date when applying for I-140.

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PS: These comments are based on many posts that I read in several forums.

kumar1
11-07-2010, 06:51 PM
What is 'C' company? I have heard of 'D' company (Dawood Ibrahim Company).
'D' Company does not file Green Cards for sure!!

You will get a 3 year extension with new employer as your I-140 is approved with your current employer.
Mar-08 may not be current in next year to file for 485. So the new employer will have 1-2 years to apply for labor and I-140 for you and you still wont lose your number in the queue or miss the boat. Make sure they port your priority date when applying for I-140.

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PS: These comments are based on many posts that I read in several forums.