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Old 02-20-2007, 08:42 AM
waiting4gc02 waiting4gc02 is offline
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Question Changing Jobs..

Guys:
I wanted to know that if somebody has currently an approved LC and I-140(EB-3) with Company A and decided to change jobs to Company B, who would now file under EB-2.

a) Can he hold on to his EB3 priority date..though the new petition would be filed under EB-2 ?
Yes, I know a lot of ppl have asked this question in the wake of the retrogession that we are all sufferning through ?

b) If this Company B were to file for H1-B , as I understand it would count towards the 2007-2008 quota which opens on April 1st '07...does this scenario also force you to not start working till Oct'07 (which is when ppl who file in the 2007-08 quota are supposed to start working).

What I am trying to understand is that in this scenario can you change jobs and start to work for Company B without having to wait till Oct'07 ?

Thanks
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  #2  
Old 02-20-2007, 09:55 AM
pmat pmat is offline
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a) Can he hold on to his EB3 priority date..though the new petition would be filed under EB-2 ?
Yes, I know a lot of ppl have asked this question in the wake of the retrogession that we are all sufferning through ?

Yes, you can hold on to the priority date if you have copy of approved I-140 and you old company doesn't revoke the I-140.

b) If this Company B were to file for H1-B , as I understand it would count towards the 2007-2008 quota which opens on April 1st '07...does this scenario also force you to not start working till Oct'07 (which is when ppl who file in the 2007-08 quota are supposed to start working).

If you are already on a H1 and are only doing a H1B transfer, it will not not count towards quota (unless your current H1B is for non-profit org and new H1B is for a for-profit org). You can start working as soon as you get the receipt. But, if you are applying for a fresh H1B, it will count towards quota and you will have to wait till Oct 07 before starting to work.
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  #3  
Old 02-20-2007, 10:11 AM
waiting4gc02 waiting4gc02 is offline
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Default Info..

Thanks for the response.

One more thing, so when I join Company B and they file for a new H1-B for me and also LC under EB-2, I should be able to use the experience that I had with Company A..???? Is this right..?

Thanks again.
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Old 02-20-2007, 10:21 AM
radhagd radhagd is offline
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Yes you can use your Company A experience for applying EB2 in COmpany B.
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