After the labor clears (not perm labor), how long can one wait to file I-140.

S

srd16

Registered Users (C)
Hello everyone,

My company responded to 45-day letter and my labor that was filed under old process (not perm) is sent to Dallas backlog center. This labor was filed under EB-3 category when I was in california working for the same company in its head quarters. Now I have two years of H1B left and working remotely from East Coast for the same company as my spouse got a job in east coast. Nothing changed except job location. The H1-B is already ammended to reflect that I am working from East Coast. My company tells me that I have to move back to California after labor clears and right before they apply for I-140. My priority date is August 2004 and the current date for EB-3 of Indian nationals is April 01. After my labor gets cleared, I want to wait for 1 or 2 years and then file for I-140, i.e when the current priority dates become something like August 03. This will allow me to work from east coast untill my rest of the 2yrs on H1B finish.

Can I do that, i.e to wait for more than 1 year after labor gets cleared and then apply for I-140. Will I face any problems. What do you guys suggest, shall I immediately move back to california after labor gets cleared and file I-140. Or avoid moving back to california and wait for some time before applying I-140 as the dates are not moving forward anyway?

Thanks a lot.
 
srd16 said:
Hello everyone,

My company responded to 45-day letter and my labor that was filed under old process (not perm) is sent to Dallas backlog center. This labor was filed under EB-3 category when I was in california working for the same company in its head quarters. Now I have two years of H1B left and working remotely from East Coast for the same company as my spouse got a job in east coast. Nothing changed except job location. The H1-B is already ammended to reflect that I am working from East Coast. My company tells me that I have to move back to California after labor clears and right before they apply for I-140. My priority date is August 2004 and the current date for EB-3 of Indian nationals is April 01. After my labor gets cleared, I want to wait for 1 or 2 years and then file for I-140, i.e when the current priority dates become something like August 03. This will allow me to work from east coast untill my rest of the 2yrs on H1B finish.

Can I do that, i.e to wait for more than 1 year after labor gets cleared and then apply for I-140. Will I face any problems. What do you guys suggest, shall I immediately move back to california after labor gets cleared and file I-140. Or avoid moving back to california and wait for some time before applying I-140 as the dates are not moving forward anyway?

Thanks a lot.
Click to expand...
It is OK to wait for 1 year but you should keep an eye on USCIS proposed law to apply for I-140 with in 45 days of getting labor approved. It is not yet a law but may become.

Having said that you are better off with an approved I-140 than an approved labor which has little or no meaning if company lays you off. Talk to your lawyer or HR and explain search a bit more. I am not an attorney but can say that if your company is willing to say that they have a permanent position for and employee with the requirements approved by DOL, you may not have to move to California. Also there is a premioum processing coming for I-140 so even if they insist for moving you can work there for a short period and the move back after I-140 gets approved.

Good Luck
 
Thanks a lot bigbang2001.

You Said:

Also there is a premioum processing coming for I-140 so even if they insist for moving you can work there for a short period and the move back after I-140 gets approved.

My Question:

My lawyer said that for them to file I-140, I have to move back to California and will have to stay there untill 6 months pass after I-485 gets approved.
My understanding is that once you apply I-140 you are stuck in the location and job thats mentioned in I-140 and because of protability reasons, you cannot change jobs or locations. You are saying that, I can move back to East Coast after they file I-140.

Just wanted to confirm that you meant UNOFFICIAL move right?

Thanks again.
 
srd16 said:
Thanks a lot bigbang2001.

You Said:

Also there is a premioum processing coming for I-140 so even if they insist for moving you can work there for a short period and the move back after I-140 gets approved.

My Question:

My lawyer said that for them to file I-140, I have to move back to California and will have to stay there untill 6 months pass after I-485 gets approved.
My understanding is that once you apply I-140 you are stuck in the location and job thats mentioned in I-140 and because of protability reasons, you cannot change jobs or locations. You are saying that, I can move back to East Coast after they file I-140.

Just wanted to confirm that you meant UNOFFICIAL move right?

Thanks again.
Click to expand...
GC process is for future job. You need not be working for sponsoring company till GC / 485 gets approved. The only thing sponsoring employer have to make sure is that a position exists in that location.

You should expand your search in this forum and take more opinions. Then sit down with your company's lawyer and HR and talk it out with them.

Again I would stress that get I-140 done and lock on the Priority Date. At least you will own something.
 
Thank you so much bigbang2001. This is the most valuable information I have got and really appreciate it.
 
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