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learner
09-20-2009, 10:53 PM
Situation: approved I-140 (EB-2), getting close to 5th year of H1B.

questions:
1. if i change employers, can I use my priority date even though my employer has not given me a copy of the filed/approved I-140? If i can, what if the old employer cancels the i-140: can I still use the PD from the approved 140?
2. if i start a new gc process with a new company, what stage of my GC should i be in so that my h1 can be extended beyond the 6th year? should the perm be filed or should the 140 be filed before the beginning of 5th year?
3. once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer?

thanks.
learner

WaitingUnlimited
09-21-2009, 03:31 AM
I am not an attorney but I was in almost similar situation.

1) You may get the priority date if you have the I140 copy. Some people say that even if you have lean no of I140 may be sufficient. As per law, priority date can be ported only if I140 is not canceled. But I read one article from an attorney which said that there is a circular in USCIS which advised officers to port the priority date if there is a I140 copy attached to I140 petition.

2) You can extend your H1 beyond 6th year if your GC labor PERM stage is pending atleast 365 days prior to your 6th year ending. You will get one year extension if PERM is pending and 3 years extension if I140 is approved

3) I think this is tricky, you can transfer only if new employer has filed for PERM and got an approval. I am not fully sure about it.

readblack
10-25-2009, 02:57 PM
Hi,
I am in similar boat and have some additional comments/questions.
My Labor PERM filed July08, I140 Approved Aug09. PD for EB2 not available. H1B 6yr expire in sep2010.
1. If H1B is transferred to another employer before March2010, does it mean my current exployer holdmy destiny, as he can revoke my I140 and I cannot apply for 3 year renewal? I can get copy of I140 approval.
2. What exactly 'revoke I140' means? does it mean current employer calls USCIS and asks to do something to my petition?
3. Incase current employer doesnot revoke I140,Is it possible that my PD would always be july2008 even if
-a. I switch employers and they file H1B?
-b. I go outside country for 6-11months for job or study and come back and work on H1B extension of 3 yrs?
-c. I am unemployed and on H4 in between for sometime?

Thanks in advance.

peacocklover
10-25-2009, 05:20 PM
Situation: approved I-140 (EB-2), getting close to 5th year of H1B.

questions:
1. if i change employers, can I use my priority date even though my employer has not given me a copy of the filed/approved I-140? If i can, what if the old employer cancels the i-140: can I still use the PD from the approved 140?
2. if i start a new gc process with a new company, what stage of my GC should i be in so that my h1 can be extended beyond the 6th year? should the perm be filed or should the 140 be filed before the beginning of 5th year?
3. once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer?

thanks.
learner

I'm not attorney but I'm suggesting based on my experience .I know answers as Ive gone through this recently...

1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.

2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.

3. Yes, You can.

Please let me know if you have any concerns.

rta2009
11-25-2009, 08:38 PM
I'm not attorney but I'm suggesting based on my experience .I know answers as Ive gone through this recently...

1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.

2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.

3. Yes, You can.

Please let me know if you have any concerns.

Dear peacocklover,

Thank you for your helpful answers.
I'm in a similar situation even though in my case, the reason for H-1 transfer is because I might get laid off (my boss tell me to start looking around - massive lay off is coming).

May I ask one question to clarify your answer?

It's regarding #3, "once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer", and your answer is yes.

So, once I complete the transfer to a new employer, can the previous employer "safely" revoke the H-1 and I-140, and won't have any effect on my newly transferred H-1?

(My boss will try to work it out, to keep I-140 open, but they plan to revoke it as soon as I got a new job).

Many many thanks :)
Have a wonderful Thanksgiving.

myeb2gc
02-20-2010, 10:48 AM
Hello,
(1)
My employer filed EB3 at first and then EB2 labour filings.
But EB3 labour approval is received just before filing 140. i.e after receiving the EB2 labour approval.
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(2)
I have received my 140 approval notice. This is the first document of GC that my attorney shared with me.
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Question is := So is my GC is processed under EB2 / EB3?