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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #1  
Old 01-24-2012, 04:53 PM
rajkp3 rajkp3 is offline
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Default Change jobs after I-140 approval

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.
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  #2  
Old 01-24-2012, 04:58 PM
chepurr chepurr is offline
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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
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  #3  
Old 01-24-2012, 05:26 PM
rajkp3 rajkp3 is offline
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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!
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  #4  
Old 01-24-2012, 10:21 PM
chepurr chepurr is offline
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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
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1st Priority Date: March 15 2009 (Labor & I140 Approved)
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  #5  
Old 01-24-2012, 10:38 PM
devil001 devil001 is offline
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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.
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  #6  
Old 01-24-2012, 10:38 PM
coolkay coolkay is offline
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Default Approved i 140 and change of employer

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 .....
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  #7  
Old 01-25-2012, 12:34 PM
rajkp3 rajkp3 is offline
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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.
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  #8  
Old 01-25-2012, 12:37 PM
rajkp3 rajkp3 is offline
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@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.
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  #9  
Old 01-25-2012, 07:28 PM
coolkay coolkay is offline
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thanks rajkp3, evan the lawyer told me the same advise.
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  #10  
Old 02-14-2012, 06:50 AM
domain2host domain2host is offline
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  #11  
Old 03-10-2012, 07:29 AM
uva2012 uva2012 is offline
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Default I-140 approved, Change of employer, USCIS link?

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

Just want to make sure before I can move ahead. Thanks!
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  #12  
Old 05-23-2012, 03:05 PM
socallbguy socallbguy is offline
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Default Change Employer and Title

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!
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  #13  
Old 05-24-2012, 10:53 AM
anand_787 anand_787 is offline
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Default Priority date porting

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.
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  #14  
Old 05-24-2012, 11:42 AM
stillhowlong stillhowlong is offline
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Quote:
Originally Posted by anand_787 View Post
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.
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  #15  
Old 05-24-2012, 12:34 PM
anand_787 anand_787 is offline
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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?
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