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  #1  
Old 05-14-2010, 05:41 PM
scorpionk scorpionk is offline
Junior Member
Priority Date
:
May-08
Category
:
EB3
I140 Mailed Date
:
05/10/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Jan 2007
Posts: 14
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Default 7th year H1, I-140 pending - Can I transfer h1?

Just got my 7th yr extension, I-140 pending, but I need to change employment, what are my options :

1. Should I wait for I-140 approval and then apply for transfer ? But then can I take my Labor date ?
2. Last but most important, if my previous company continues my GC process, can I transfer my H1 to a new company and work with them based on the I-140 approval from the older company ?
3. Is there any better option, since I do need to change employer ?

Look forward to your replies.

Thanks for your help.
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  #2  
Old 05-14-2010, 05:51 PM
gnutin gnutin is offline
Member
Priority Date
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N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
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:
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Join Date: Mar 2007
Posts: 41
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Default

1. If your I-140 gets approved, even if you leave before the approval, the Priority date is set. The only catch is that the employer should not revoke it.
2. Yes, you can. However, on Green Card approval you must immediately be working for the company that sponsored the GC process.
3. The best option if you want to change employer is to find one that will do a new GC process for you. Then you can get the old Priority date if that I-140 does get approved.
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  #3  
Old 05-14-2010, 07:13 PM
geevikram geevikram is offline
Donor
Priority Date
:
Jul-08
Category
:
EB2
I140 Mailed Date
:
02/19/2009
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 168
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Default ^^

Even if your I-140 gets revoked, you can still port your priority date. This is what I read in one of the discussions here. Please correct me if I'm wrong.
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