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rajkp3
01-24-2012, 04:53 PM
Hi,
I have a question with respect to my H1B visa. I'm in my 6th year of H1B (expires in March 2012) with I-140 approved from my current employer. I'm planning to change jobs very soon.

My question is whether I should have an H1B renewal approved from my current employer before I move to the new employer or can I use the I-140 from the current employer and get an H1B transfer/extension directly with the new employer?

I would greatly appreciate a response.

chepurr
01-24-2012, 04:58 PM
Hello,
You dont have to get H1-B Extension from your current employer. You could use your approved I-140, from current employer, and get a H1-B extension from your prospective employer. I can confirm this for certain because I did this in April 2010.
Goodluck

rajkp3
01-24-2012, 05:26 PM
Thanks chepurr. I feel much better knowing that you had a similar situation. A few more questions though.
Will it be a problem as my 6 years of H1 expires very soon?
Also, will it be a transfer/renewal with the new company?
My current employer will start my H1 visa renewal in sometime, but they will not do it premium though. Will it cause a problem if both my current and new employers try to renew my visa the same time? is it even possible?

Thank you!

chepurr
01-24-2012, 10:21 PM
hello raj,
as long as you send out your h1b application documents before your current visas expiration date, you are good. (I received my h1b application number on the day my then visa was about expire)
there is no such thing as transfer. Application at most can be considered as renewal and this shouldn't matter in any which way.
from what I can tell you, having two visas under processes shouldn't cause any problem. But get a second opinion on this.
Goodluck,
ravi

devil001
01-24-2012, 10:38 PM
But be aware. that you have to file 140 again, and perm again, before your priority date becomes current to file your I485. You can not file 485 when your date becomes current using your old 140.

coolkay
01-24-2012, 10:38 PM
Hi, friend.
i have approved 140 under EB 2 which will have priority date current next month, but i got the news that my present employer is under investigation and looks like he will get charged for some kind of fraud as well.

My question is, should i file my i 485 threw the same company or what are my options?

Please help .....

rajkp3
01-25-2012, 12:34 PM
Thanks Ravi. My current emplyer is about to start my H1 B while I'm still waiting on the new employer to confirm the visa decisions. thanks for all the help.

@devil001 - Ok, I'll make a note of that. Thanks.

rajkp3
01-25-2012, 12:37 PM
@coolkay - I'm so sorry to hear that. Though I cant give you any legal advice, I would suggest you get your I-485 started with the current employer and simultaneously look for a new employer who can do your GC.

coolkay
01-25-2012, 07:28 PM
thanks rajkp3, evan the lawyer told me the same advise.

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uva2012
03-10-2012, 07:29 AM
Hi
I have been reading these forums and understand that if you have an approved I-140 from your employer, and wish to change to another employer, you are allowed to refile for PERM. But I cannot find any links on the USCIS website regarding this. Could someone please help?

The information that I could find says that you can port your current application only if you also have filed for I-485 and that it has been pending for 180 days? See Q#7 at this link:
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)

Just want to make sure before I can move ahead. Thanks!

socallbguy
05-23-2012, 03:05 PM
When moving to a new employer with an approved I-140 from previous employer, is it OK to join in a different position?
I am a Manager at the current company with approved I-140. Can I join another employer as a Director (same field) and still port my PD (of course after going thru PERM and 140 again). Or does my 140 does not hold valid anymore?

thanks!

anand_787
05-24-2012, 10:53 AM
Hi... can anyone confirm that: if you join a new employer after getting Labor/I-140 approved from previous employer, can your PD can be transferred when the new employer gets labor/I-140 approval?

Has anyone done that before?

Thanks.

stillhowlong
05-24-2012, 11:42 AM
Hi... can anyone confirm that: if you join a new employer after getting Labor/I-140 approved from previous employer, can your PD can be transferred when the new employer gets labor/I-140 approval?

Has anyone done that before?

Thanks.

You you can port the date from previous employer's I140 to the new employer's I140 as long as the old I140 is not revoked because of fraud or misrepresentation.

anand_787
05-24-2012, 12:34 PM
Thanks ... but what if the previous employer cancels the I-140 application? Can we still port the same PD ? Or, even, is there anything such as cancelling the I-140 exists?

SGP
05-24-2012, 02:58 PM
Thanks ... but what if the previous employer cancels the I-140 application? Can we still port the same PD ? Or, even, is there anything such as cancelling the I-140 exists?


Anand: In your earlier post you said you have an approved I140. If this is the case then even if your former employer files for cancellation you can ye port the PD. The PD is yours. However, please make sure that you have a copy of the approved I-140 itself.

Good Luck :)

stillhowlong
05-24-2012, 04:04 PM
Thanks ... but what if the previous employer cancels the I-140 application? Can we still port the same PD ? Or, even, is there anything such as cancelling the I-140 exists?
As far as I know, that is grey area. But I heard that Murthy Law Firms helped people even though the old employer cancelled the I140 and there was no fraud and misrepresentation and date was ported.

Gandhi_II
05-24-2012, 05:58 PM
But be aware. that you have to file 140 again, and perm again, before your priority date becomes current to file your I485. You can not file 485 when your date becomes current using your old 140.

How long are Labor Certifications taking these days, on average? Is there any data that reflects this information?

Gandhi_II
05-24-2012, 06:04 PM
Basically, I have a July 2010 priority date. If I change employers by July 2012, will there be enough time for PERM Labor Certification to file an I-140 before the priority date advances to July 2010 next year? (Note: last visa bulletin said that priority dates for EB-2 would not go back to May 2010 till Spring 2013).

deepakd
05-24-2012, 06:10 PM
How long are Labor Certifications taking these days, on average? Is there any data that reflects this information?

LCs are taking atleast 3 months
I got mine exactly in 3 months, last month.

SGP
05-25-2012, 05:48 AM
How long are Labor Certifications taking these days, on average? Is there any data that reflects this information?

Mine took approx 10 months approx. The PWD was filed in end Oct 2010 and the LC approval came approx in End July 2011.

SGP
05-25-2012, 05:51 AM
How long are Labor Certifications taking these days, on average? Is there any data that reflects this information?

Mine took approx 10 months approx. The PWD was filed in end Oct 2010 and the LC approval came approx in End July 2011.

In short it took approx 19 months from PWD stage to get to approved I140 stage for me. Please note my I140 was done with regular processing (no premium processing involved).

Gandhi_II
05-25-2012, 01:56 PM
But be aware. that you have to file 140 again, and perm again, before your priority date becomes current to file your I485. You can not file 485 when your date becomes current using your old 140.

Are you absolutely sure about this?

anu_t
05-25-2012, 02:23 PM
Are you absolutely sure about this?


yes . new job. new perm new 140. once all done then only u can port old pd.
these days to get one needs 3 months to 7/8 months in case of audit.
add in to that pwd time, adv , cool down period etc.

Gandhi_II
05-25-2012, 05:28 PM
yes . new job. new perm new 140. once all done then only u can port old pd.
these days to get one needs 3 months to 7/8 months in case of audit.
add in to that pwd time, adv , cool down period etc.

Yes, but devil said:

Originally Posted by devil001 View Post
But be aware. that you have to file 140 again, and perm again, before your priority date becomes current to file your I485. You can not file 485 when your date becomes current using your old 140.

I just checked with an immigration counsel and they said the old I-140 priority date can be ported even if the priority date of that I-140 has become current before the new I-140 is filed. So is devil001's statement inaccurate? devil001 - can you cite a reference to this law?

anand_787
05-27-2012, 06:20 PM
Sounds good... now this is encouraging :D