I140 Porting Questions - Urgent

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chittugaadu

Registered Users (C)
Mine is a peculiar case, Immigration gurus please help me.
I have approved LC (priority date of Dec'2005) and approved I140 from company A.
I have been working with company B (Investment bank) from last year and half as a consultant. Now Company B offered me a permanant position.

Q1) If company B files for LC and after its approval when they file I140 can I port the priority date ?
Q2) Should the Job title and Job responsibilities match? (Company A put me as programmer analyst a generic title ... NOt sure if a big firm like Company B will be flexible to match the title and job duties)
Q3) Company B will probably be paying twice that on LC of Company A, would that be a problem.
Q4) I have my wife also working for Company A (we both have same education back ground and similar jobs). Can Company A with draw my I140 and use the LC substitution for her. I have copies of I140 and approval notice, So When company B, files my I140 i can port the priority date. I heard cases where even after the employer withdrawn and substituted LC, employee can still port PD.

Please help me with these questions. Waiting for answer desperately.
 
Answers to your questions are below:
1. You can port the priority date after Company B's I-140 get approved and Company A did not revoke your I-140.
2. Not sure ... others, please add here.
3. As long as the Company B is paying equal to or above the prevailing wage it wont be a problem.
4. Probably No - please consult an imigration attorney. If Company A's LC and I-140 are substituted with your wife, this GC trail is practically dead, unless your wife becomes the primary beneficiary of the GC process.

In general you may have 2 different GC trails, but when you apply for I-485 you have to stick to one trail (Priority Date porting is used here).
 
chittugaadu said:
Mine is a peculiar case, Immigration gurus please help me.
I have approved LC (priority date of Dec'2005) and approved I140 from company A.
I have been working with company B (Investment bank) from last year and half as a consultant. Now Company B offered me a permanant position.

Q1) If company B files for LC and after its approval when they file I140 can I port the priority date ?
Click to expand...

Yes it is possible to port PD in this case; see the response from manwithnoname. I am not sure whether you need to get Company B's 140 approved before you can ask for Company A's PD to be ported. Better consult attorney.

Q2) Should the Job title and Job responsibilities match? (Company A put me as programmer analyst a generic title ... NOt sure if a big firm like Company B will be flexible to match the title and job duties)
Click to expand...

No. I was told PD is tied to the person who is trying to immigrate, on whose behalf an 140 has been approved. Job title and responsibilities come into play only if you are trying to use AC21 after filing 485.

Q3) Company B will probably be paying twice that on LC of Company A, would that be a problem.
Click to expand...

No it is not a problem.

Q4) I have my wife also working for Company A (we both have same education back ground and similar jobs). Can Company A with draw my I140 and use the LC substitution for her. I have copies of I140 and approval notice, So When company B, files my I140 i can port the priority date. I heard cases where even after the employer withdrawn and substituted LC, employee can still port PD.
Click to expand...

This kinda gets sticky here. Better consult a lawyer.
 
New
Hi
can you help me too with a similar question

a) I have approved I140 with employer A. they had not revoked my I140
b) I joined Employer B and applied Perm and I140. In this process i also ported the date. i am due to get I140 approved soon
c) I plan to now leave Employer B and join a new firm and they revoke the I140 which they file

in future can i still use my first I140 to get 3 year extension

thanks
 
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