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View Full Version : Labor + I140 protability thoughts..


somex
04-16-2011, 12:58 PM
Here are my thoughts...
The priority date movement has been very slow since 2007. There are lot of people struck in GC process and also with the same employer. It has become too much pain to change the employer because everything has to be restarted all over again.

Instead of porting just a priority date and starting process all over again for every new employer, can we suggest CIS that to use the same labor and I140 for the GC process with new employer? That is , when a person had approved Labor and I140 petition with previous employer then he should be able continue the same GC process as long as the employee job duties have not changed in the new position. This could save lot of money for new employers/employees. And also the employee will have some flexibility to change companies. I feel this is a major hurdle for an employee to switch employers while GC in progress.

I am struck with the one employer for past 6 years. I can change but everything has to be restarted. You never know anything could happen , I mean labor audit or I140 rejection...wait for longer times to get approvals....this is all big headache unnecessary tension.. If anything rejected, I have to pack everything and go back India....Start over again....

tonyHK12
04-16-2011, 01:15 PM
Well the PERM is very specific to each job, and needs a recuitment process for locals first.
But at the I-140, maybe worth keeping the old one.

Here are my thoughts...
The priority date movement has been very slow since 2007. There are lot of people struck in GC process and also with the same employer. It has become too much pain to change the employer because everything has to be restarted all over again.

Instead of porting just a priority date and starting process all over again for every new employer, can we suggest CIS that to use the same labor and I140 for the GC process with new employer? That is , when a person had approved Labor and I140 petition with previous employer then he should be able continue the same GC process as long as the employee job duties have not changed in the new position. This could save lot of money for new employers/employees. And also the employee will have some flexibility to change companies. I feel this is a major hurdle for an employee to switch employers while GC in progress.

I am struck with the one employer for past 6 years. I can change but everything has to be restarted. You never know anything could happen , I mean labor audit or I140 rejection...wait for longer times to get approvals....this is all big headache unnecessary tension.. If anything rejected, I have to pack everything and go back India....Start over again....

somex
04-16-2011, 01:43 PM
Well the PERM is very specific to each job, and needs a recuitment process for locals first.
But at the I-140, maybe worth keeping the old one.

Yes, I agree. That is why employer has to give advertisement before hiring H1Bs. If the new employer starts the GC process within 6months after joining date, then what is the point employer has to prove with the labor department...I still don't understand.