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  #16  
Old 10-10-2010, 06:05 PM
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Section 240(e) or 205 talks about misrepresentation or fraud in the application. Revoking by a former employer does not invalidate your PD, that is the fact. As I said earlier if USCIS revokes it due to fraud or misrepresentation then is the trouble.

Are you in H1B? If so make sure you have at least 2+ years before renewal. That will give you ample time to file for labor and I-140 by your new employer. If it is nearing, it is better to stay with your current employer and get the H1B renewed and transfer the new H1B to your new employer.

Even after you quit the I-140 revoking does not have any effect. Don't assume yourself that your employer is going to revoke. Most of them don't know if that is a process that is standard to do when a GC sponsored employee leaves the company. Revoking I-140 is not mandated by law. Employers are obliged to withdraw H1B after the employee leaves, but not the I-140. Think positive and don't even talk about this revoking to ANY (including your colleague) one in your office!

I will reply to your other PM.
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  #17  
Old 10-10-2010, 10:18 PM
SGP SGP is offline
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Default Thank you, Thank You and Thank You

Quote:
Originally Posted by rajenk View Post
Section 204(e) or 205 talks about misrepresentation or fraud in the application. Revoking by a former employer does not invalidate your PD, that is the fact. As I said earlier if USCIS revokes it due to fraud or misrepresentation then is the trouble.

Are you in H1B? If so make sure you have at least 2+ years before renewal. That will give you ample time to file for labor and I-140 by your new employer. If it is nearing, it is better to stay with your current employer and get the H1B renewed and transfer the new H1B to your new employer.

Even after you quit the I-140 revoking does not have any effect. Don't assume yourself that your employer is going to revoke. Most of them don't know if that is a process that is standard to do when a GC sponsored employee leaves the company. Revoking I-140 is not mandated by law. Employers are obliged to withdraw H1B after the employee leaves, but not the I-140. Think positive and don't even talk about this revoking to ANY (including your colleague) one in your office!

I will reply to your other PM.
Thanks for your assurance and advice. I am on H1 (9th Yr. EB3I). I have already filed for renewal of my H1B (old employer). This will be valid till 2013. In the meantime, my new employer has already filed for H1 transfer. I hv also asked them to go ahead with PERM application quickly. I know my employer & his spiteful nature. He can go upto any extent. This is the reason, I want to be extra cautious. I am a positive thinker and never would dream of thinking of the word "Revoking" to office colleagues.
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GREENED ON APRIL 16, '13
Priority Date:Nov 08, '02
Category:EB3 (India)
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I140 Approved Date:Apr 8, '08
2nd I140 Receipt Date:Jul 22, '11
I140 RFE Date:Mar 6, '12
I140 Approved Date:May 23, '12
I-485 Mailed Date:Feb 6, '13 Finally
I-485 Receipt Date:Feb 7, '13
I-485 Notice Date:Feb 12, '13
EAD & Advance Parole Approval:Mar 2, '13
EAD & Advance Parole Combo Card Recd Date:Mar 8, '13 (valid for 1 year)
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Last edited by SGP; 10-11-2010 at 07:41 AM.
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  #18  
Old 09-09-2013, 06:31 PM
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kup0009 is on a distinguished road
Default Need a suggestion:-

Need a suggestion:-

I am working for desi consulting company...they filed my GC in EB2 and priority date is Nov 2010. Last year got my H1B extension also after completion of 6yrs on H1b based on I140 approval. I work for a client A who offered me a full time position. Not sure what happens to my GC if I move to the client since the client is not going to start the process for atleast one year (The HR was saying u need to work atleast for a year to start GC to show the experience and stuff) and if my previous employer cancels the 140. Please suggest how to handle this situation.

And my wife is full time with the client A and her GC process will start in a month or so. I am planning to talk to HR and tell them to club mine and my wife's GC application that way my GC process will also start atleast I can save on my priority date. Can you please suggest if this is the right way.

Thanks,
Kotha
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  #19  
Old 09-09-2013, 09:11 PM
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Hi Kotha,

I will try to list out the best and safe method without loosing your priority date.

First step in your job change is to get a copy of your I-140 approval notice from your current attorney. If you had gone for stamping you would have got as part of the documents for stamping. If not, you have to get one. Make sure the approval notice states that it is in fact the approval notice of your I-140. Not the "courtesy copy", courtesy copy is good for nothing as it will state a disclaimer that the notice does not provide you any benefit and not even considered as a proof of your I-140 approval. Getting the right copy of your I-140 secures your priority date. No matter if your current employer revokes I-140. Your priority date is your's to keep.

If you are ok to wait and perform well at your client A ( I am suggesting this because your priority date will be almost 3 years earlier than your wife's (still not filed GC)). Then you can transfer your H1B to your client A by accepting the offer. Let your wife's GC process start, DO NOT confuse your Client A's HR/Attorney with your case. Your wife's GC process is your safety net.

After a year, your new employer (Client A) starts your GC process, your new Labor (Make sure to verify that the job requirements are set to minimum of BS +5 Years or Masters and or equivalent, nothing less than that, this is to ensure your new I-140 will be classified as EB2) gets approved (EB category is determined at the stage of filing for I-140),

Now they are ready to file your new I-140, at that point provide the copy of your previously approved (from Desi consultancy company) I-140 and have attorney request for porting of priority date from that approved I-140 (as mentioned earlier, No problem even that I-140 was revoked, the priority date is yours to keep). In fact in I-140 form they do ask if any one had previously applied any immigrant petition (I-140 is called the Immigrant petition), this new I-140 should say yes and provide the details of your approved I-140. Also include the priority date porting request letter.

Your I-140 gets approved. And your Nov 2010 date for EB2 becomes current. Now you and your wife apply for AOS (Adjustment of status, I-1485), along with it apply for EAD and Advance Parole. In this above description of process your wife will be a co-applicant at I-485 stage.

In a month or so your I-485 is approved and your GC will be on hand for you to breath the freedom of Immigration as a new Permanent Resident.

The other scenario, if your wife qualifies for EB1 then you can file with her after her I-140 is cleared, you will then be considered as co-applicant at I-485 stage.

Good Luck,
Rajenk

Disclaimer about my advice above in this forum post.
I AM NOT AN IMMIGRATION ATTORNEY AT ANY LEVEL. THIS IS PURELY A FRIENDLY ADVICE TO HELP. ALWAYS CONSULT AND DECIDE BASED ON YOUR CURRENT/FUTURE IMMIGRATION ATTORNEY
-Rajenk (Immigration Voice member)
__________________
Disclaimer about my advice above in this forum post.
I AM NOT AN IMMIGRATION ATTORNEY AT ANY LEVEL. THIS IS PURELY A FRIENDLY ADVICE TO HELP. ALWAYS CONSULT AND DECIDE BASED ON YOUR CURRENT/FUTURE IMMIGRATION ATTORNEY.
-Rajenk (Immigration Voice Senior member)
Greened on 10/01/2010
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  #20  
Old 10-01-2013, 09:59 AM
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karthikforever is on a distinguished road
Default Change Company on I-140 Approval

Hi,

I am at the end of my 5th year of H1B and I have a Masters degree from US. My current employer filed my GC more than 2 years ago and I have an approved I-140. I found a position with an Healthcare company that I applied to and currently in interview stage. The job requirement states BS + 4 years. I want to know if I do take up this new job will I still qualify for EB2 when my new employer starts my GC process fresh. I know I can port my old priority date once new employer files for I-140. But will my new employer be able to file my GC in EB2 based on the job requirement?
Kindly advice.

Thanks
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  #21  
Old 10-07-2013, 07:36 PM
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Hi Karthik,

There shouldn't be any problem for your new employer to file a EB2 eligible immigrant petition (I-140) application. It is not your current job that will be considered for the recruitment process during the labor cert process. Now for you to accept the offer, it is not a problem.

When your new employer files for new Labor cert they then have to conduct a recruitment process as you would already be aware. So when they are preparing the requirements for that job ad, make sure they have the minimum requirement of BS+ 5 Years of experience or Masters.

Since you are already in 5th year of H1B, make sure to get in writing that they (new employer) will start the green card process before your 6th year commences on your H1B. This is to be on the safer side. Now a days the whole labor process takes some where between 6 to 9 months (including recruitment period).

Good Luck
Raj
__________________
Disclaimer about my advice above in this forum post.
I AM NOT AN IMMIGRATION ATTORNEY AT ANY LEVEL. THIS IS PURELY A FRIENDLY ADVICE TO HELP. ALWAYS CONSULT AND DECIDE BASED ON YOUR CURRENT/FUTURE IMMIGRATION ATTORNEY.
-Rajenk (Immigration Voice Senior member)
Greened on 10/01/2010
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  #22  
Old 12-10-2013, 10:35 PM
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psani is on a distinguished road
Default Group company transfer

Hi:

I have my I-140 approved under EB3 and am waiting for PD to get current. We have a corporate restructuring and several depts are getting transferred from the existing subsidiary to the main flagship Company. Does this impact my current application? Do I need to start the whole process again under the new flagship Co?

Thanks in advance for your help.
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  #23  
Old 12-11-2013, 03:52 AM
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larrystever is on a distinguished road
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  #24  
Old 01-31-2014, 01:58 AM
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Default

Hi,

I am currently working for employer A (full time product based company) and got my I-140 approved in EB-2 for PD 01/31/2013. I have extended my H1B beyond 6 years and is valid until 2017. planning to move to a company B (full time product based company), the new H1B - I797 has a Axxx number listed as beneficiary. My employer is refusing to share the I-140 approval copy with me.
I know for sure that i can change jobs but is the new H1B approval sufficient to port the priority date for future in company B?


thanks in advance for your time.
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  #25  
Old 01-31-2014, 12:35 PM
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Default FOIA for I140 Documentation

Please put a request through FOIA (Freedom of Information Act) and you will receive the I140 documents within 2 months from USCIS, you don't have to depend on your employer to share that information with you.. I just did it couple of months back.
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