I-140 approved, No I-485 change of employer

Yes. I did move to the new company and have been talking to in-house immigration experts as well as the attorney.

They are preparing to file another labor application and both were OK with the case. Of course the carrying over of the old priority date can happen only after the labor is cleared, so will have to wait till then.
 
Switching employer before after I140 before 485.

As per the link above...

Changing jobs after approval of an I-140 where an I-485 has not been filed means that the green card case will have to start over, right from the labor certification (LC) stage in LC cases. However, it is possible to request to retain the priority date in a later I-140 petition, once there is an approved I-140 petition in an earlier case with a different employer or even for a different position with the same employer.

Like Nashot99 said, he has to wait till his new labor with new employer. Then he can apply I140 mentioning the old priority date from the old employer.

Has any one done this before?
 
I am starting this and I have heard the same thing too, it can be done and you can retain the PD.
 
Hi,
I'm in a similar situation and would like to clarify a few things:
1. Can I transfer to a new employer if I have received my LC and I-140 but have not applied for the I-485?
2. Can the transfer happen on a H1-B that is in its 8th year? (my H1-B has recently been renewed for one year)?
3. Can the PD be transferred to the new employer and does the new employer need to keep the current I-140 open for this to happen?

I would very much appreciate any prompt help.
Thanks!
 
1) Yes
2) Yes (Have to re do LC and I-140)
3) It doesn't seem like it based on other posts however if they withdraw based on fraud or some other issue then there could be questioning from CIS.
 
Thanks for the quick reply srini88..

what i meant to ask in the last question was:
Can the PD be transferred to the new employer and does the OLD employer need to keep the current I-140 open for this to happen?

Again thanks much.
 
srini88,

you mentioned in one of your posts that you were going down the route of switching employers and trying to maintain your old PD.

i wish you all the best but wanted to know if your old employer agreed to keep your GC process going. if yes, what did you tell them? and if not then did the lawyers with the new employers give you some level of certainty regarding moving the old PD over?

Thanks.
 
I guess I need to elaborate on my previous post, in my case its a different job in the same company so unfortunately I can't comment on this.
 
Hi nashot99,

You mentioned on Feb. 2nd that you were filing for the labor certification. I read from the other forums that the new way of filing LC only takes less than a month to get approved.
How is your LC application doing?
Did you file it under EB2 category?
If it is already approved, have you concurrently filed the I-140 and I-485?
When your new employer transferred your H1B visa, how long did it take get the approval?
Please answer as soon as possible, pleaseeeeeeeeeee...

Thanks,
batang_tx
 
Also nashot99: were you able to transfer the old PD to the new I-140 (if infact you have reached that far?)
thanks.
 
Service Center for I- 140

My labor filed in OHIO and approved by DBEC. which service center I need to look for I 140 thread. Is it Nebraska or Dallas
 
Is it possiblr for employer to reuse the Labor

Hello,

I got 140 approval and if I resign from the current company. New company will start my GC processing.

Current company is big corporation and may not revoke but might use for somebody else if it can be used.

Can company use my labor after 140 approval for somebody else?

Please share ur experience....
 
AnbuFL

It depends on your receipt number

EAC [Vermont], MSC [Missouri], NSC [Nebraska], SRC [Texas], WAC [California].

Srini
 
I-140 links for newforum member

Hi
As I am new to this I 140 forum, I collected various links. Just consolidating it here so that any one new to this forum will benefit

http://www.murthy.com/news/n_analys.html
http://www.murthy.com/news/n_eb3140.html
http://www.trackitt.com/usa-immigration-trackers/i140-i485-tracker/
http://boards.immigrationportal.com/showthread.php?t=226382&page=14


CP
http://immihelp.com/greencard/adjustment-of-status-vs-consular-processing.html
http://www.immigrationportal.com/showthread.php?t=169525

Forms
http://www.uscis.gov/files/form/i-140.pdf


EAC [Vermont], MSC [Missouri], NSC [Nebraska], SRC [Texas], WAC [California].
H1B No : WAC-07-113-53421
 
Agreed

Actually there are couple of points
1. Immigration personnel of both the old and new companies are usually ignorant of this .. so dont go by what they say.
2. Attorneys of the old company will surely be mum since they are with their parent company.

So as long as I-140 is approved and you have the case number, you can change jobs, which i am also planning. I have found out that the risk of I-140 being cancelled is low, and even if it is cancelled, you have the PD, since unless the cancellation is on Fraud or misrepresentation you will have the ability to port PD.

The general term used here is porting PD, and it is no where related to the AC21 portablity. The only thing is that in this case your new company has to go through the LC and I-140 again and it does not have to be the same classification etc.

Hope this helps.
 
I-140 Approved - 2 more months left on my 6yr H1B visa

Hi all,

My i140 just got approved from my current employer and my current 6yr H1B visa expires in Dec 2010. I got an offer from a major IT company and am very interested in it.

My question is, can I have my new employer transfer my visa NOW from current employer and apply for a 3 yr extension based on my approved i-140 from current employer? Or should I have my current employer file for extension and then transfer it to the new employer?

My ideal scenario is the 1st one but I am not sure if there is any risk associated with it.

Experts .... Please help!!

Satish
 
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