Change of Employer after 140 is approved

G

GCKarma

New Member
I know that one can change the employer once I-140 is approved and still retain the Priority Date.But has to start the GC from the scratch with the new employer.
I have heard that in order to retain the priority date the employer should not revoke LC and I-140.
I work for a fortune 500 company.And they go by rules.Thus, if I leave the company, my employer will inform INS that I left the job. My question is will it revoke my LC and 140 too?

Please advice.
 
Hi GCKarma,
As far as I know, if you have filed your I-485 petition which has been pending for more than 6 months then you need not worry about any revocation.
 
A very good lawyer told me that even with revoked 140 you can transfer your prioriy date and also get 3 year extension with new company. Once your 140 gets approved PD belongs to you, you can take it where ever you want otherwise whats the advantage of carrying over to new lawyer if it depends upon whether its still valid or not. In most of the cases old companies do cancel the I140. No need to worry just consult a good lawyer and change your company. Good Luck!
 
where did you find this law

>> Law says priority date is transferrable to an earlier petition as long as it is not revoked

Would you mind telling me where did you find this law? As far as I know PD is transferrable after I140 is approved. It doesn't talk about revokation or any such thing.

thanks!
 
what is 204(e)?

>>A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date


205 applies only if it was revoked because of security reasons.

what is 204(e)?
 
What happens when the beneficiary has invoked AC21 and the employer has closed or sold his business after 180 days of 485 pending.

Is the beneficiary safe ??

thanks
avi_gc
 
unitednations said:
yes, beneficiary is safe. If a merger happens or company closes as long as it was 180 days after your 485 is pending then you are safe under ac21.
Click to expand...


I want to take it one step further. What happens if it's future employment case and beneficiary never worked for sponser employer. I mean 140 approved more then 6 months back , 485 is pending for more then 1 year and sponsering employer closes the office. Sponsering employer is not going out of business but closing the office from where the labor was approved (address where alien will work in labor is same as the office address) and moving business to different state and doing business from there.
 
unitednations said:
If i wasn't deeply involved in immigration matters then the answer would be:

If I-140 is approved and 485 is pending for more then 180 days and company shut down its office for where job was supposed to be then the beneficiary of the I-140 is safe; whether they joined the employer or not (ie., future base employment).

Since I am deeply involved in immigration matters and know what companies and candidates do and what uscis has or can do; the answer would be:

Future base employment is crap and we all know it. People who use future base employment is because their own company won't sponsor them for the greencard. Or they own the company and don't want to risk sponsoring themselves. Or they are buying the labor.

Companies set up satellite office in fast processing states and don't have real office or employees there. The beneficiary didn't intent to work there before during or after getting greencard.

Once I-140 is approved company doesn't want to maintain the office and the extra expense so they shut it down.

USCIS/DOL is smart enough to know what you are doing. What could they ask and they have asked if they suspect stupidness is give us your state unemployment compensation reports. They see that no one from that location was paid anything. Therefore, the job offer was never bona fide and they invalidate the labor.

Therefore, case is denied.


Above is two different answers. If you can satisfy the company was real; had employees working there and you can show intent then you would be fine. However, USCIS/DOL is not a bunch of stupids.
Click to expand...

UN Thanks for reply.

Company's (future employers) head office was there (CT) for more than 5 years and at least 25/30 people were on payroll for number of years. Now they moved the head office to GA and operating from there to save some money. Although it's future employment based case but I am working for fully owned subsidairy(which is maintaining it's own identity for all legal and operational purpose) of my future employer.

Since my H1 is still valid (till Dec 2006) with my current employer and they didn't want to transfer the H1 and don't want to keep renewing the EAD due to processing time uncertinity they discussed with lawyer and decided to continue my employment with current entity.

so my case clearly falls under your first answer :
"If I-140 is approved and 485 is pending for more then 180 days and company shut down its office for where job was supposed to be then the beneficiary of the I-140 is safe; whether they joined the employer or not (ie., future base employment). "

But my question is what documentation I will have to provide to prove that?.

My Attorney is helping me but she is based in Boston and I live and work in NY and attanding the interview in NYC (Apr first week). Do you think I should hire and take the NYC attorney for interview. And if your answer is yes do you have any suggestion?.

I did talk to you (I mean thru forum last year on your A2P thread when I got the RFE on my 140 fortunately it was regarding Edu EVL)
http://boards.immigrationportal.com/showthread.php?p=1097514#post1097514

http://boards.immigrationportal.com/showthread.php?p=1090665#post1090665

Thanks,
 
Last edited by a moderator:
What is meant by I-485 pending?

I am trying to understand what I should do my current situation is
LC filed Priority day - 3/15/05 its in Backlog center
I was wondering If I file for PERM processing, my priority date will be delayed by a year, but I can, hopefully, get my LC and maybe 140 quicker. I would like to change my job in 2 yrs time so Can I file for I485 after getting 140 or do i need to wait for PD to be current? When you say I485 pending is (180 days) is it 180 days after the PD is crossed? can 485 be filed before the PD is crossed?

My 6yr H1 expires 02/2007

Please advice the best course
 
UN,

So in nutshell, if the employer requests for the withdrawal of approved 140 petition then the alien can not get that priority date right?

But this attachment which was released in 09/2005 as a Memo does not say so. It is saying only if 140 was revoked for fraud or willful misrepresentation.

I do agree that what you said is correct but this memo is not speaking just according to the law (language).

unitednations said:
http://uscis.gov/lpBin/lpext.dll/in...mplates&fn=document-frame.htm#slb-8cfrsec2045
e) Retention of section 203(b)(1), (2), or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
Click to expand...
 
Last edited by a moderator:
140 in process but laid off

steve2005 said:
>> Law says priority date is transferrable to an earlier petition as long as it is not revoked

Would you mind telling me where did you find this law? As far as I know PD is transferrable after I140 is approved. It doesn't talk about revokation or any such thing.

thanks!
Click to expand...

Hi Steve,
Thats a very encouraging news. My LC got approved in CA , 140 is pending since 3 months but transferred to TSC. I got laid off and now if I join a new company then I can still transfer the PD and refile the LC, 140 . If 140 gets approved with the old company, can i file 485 with the new company if the job nature is same?

Thanks
permfiling
 
I140 approved , can I change jobs and still get a greencard

Hi,

I have heard that if I have an approved I140 then I can change jobs.
Is this correct and how does this help or not-help on getting my greencard?
my wife is on H4 and I am from southamerica (eb3)
 
H1-B 7th year extension based on approved 140 and Job Change

I'm in same situtaion. Can some one please help

H1-B 7th year extension based on approved 140 and Job Change

I’m on 7th year H1-b and have approved 140 from company A. My H1-B from company A is valid till 2009 (3 year extension based on 140). I’ve following questions, if I change my employer to Company B

1. Will I get my H1-b transfer till 2009 ? If yes then if company A revokes my 140, is my H1-B still valid?
2. My 140 has 2004 priority date in EB3, Can I keep the priority date if I start new GC from company B?
3. If I keep the priority date of old 140, what kind of impact it will have if company A revokes my 140 or uses that labor form someone else?
 
I-140 dilemma

I have PERM EB2 with PD of June 2005.My I-140 just got approved.I cannot file for I-485 because of retrogession.My 6 years are expiring in May 2006 and I already have an extension till May 2007 based on my backlog LC

My company is closing down and presuming they dont revoke my I-140.If I find a new employer.Can I do a H1B transfer? if yes,till when would UCSIS extend my H1b.

1) Would it be till May 2007 (OR)
2) Would it initially be till May 2007 and then six months before expiry which is sometime in Dec 2006.I have to file for extension using my I140 approval and it will extend to May 2010 (OR)
3) Would it be till May 2010, as I file for transfer and 3 year extension at the sametime using my approved I140

Thank you
 
Last edited by a moderator:
advice on I140 & 1 485 filing

I started the LC process in apr 03 under the old system, then switched to RIR in May 04 and finally switched to PERM and got approved in April 06. The previous 2 priority dates (per my hopeless lawyer!) are still pending and i have been told as of now my 'current' priority date is April 06.
My questions are:
1) Can i file for I140 right away (given that i have cleared the LC stage)? If so, how long does it take to get approval?
2) I have been told that i cant file for I 485 simultaneously with I 140 because i am not 'current' per the date imentioned above. Can someone help me figure out when i can file for I485 in terms of timelines? I believe they are currently processing cases of March 05? How soon does this backlog clear?
3) Given this background (where i have yet to file for I 140, I485) do you think there is any way i could switch jobs in Sept 07 (i.e. 17 months from now) WITHOUT ruining my green card process? My problem is i want to use my placement cell at business school (where i go part time).

Any advice would be MUCH appreciated
Thanks
:(
 
Need Advice

I came in USA about 2 years back on my first H1 and My employer placed me at a County job as a software consultant.In october 2004 my employer filed for my labor under the old system in EB3 category.As the old labor was not showing any signs of getting approved due to backlog So my employer filed a new labor for me under PERM in EB2 category in october 2005.This PERM labor got approved pretty fast and about a month back my employer filed my I140 based upon this new labor.So I 140 is still in process.
Now the Client for which i am working (i.e. County) wants to hire me as a permanent employee.Now i am in a dilemma what should i do.I should join the County or not. I also found two interesting rules by searching on the internet which are
1.If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.
2. A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage).

does rule 2 means County does not need to file a fresh labor for me if i join them as i will be doing the same job and in same location and for almost same salary.if yes how will the labor will be transferred from one employer to other employer.
Also i feel i will still get the Priority date if my I 140 gets approved before i join County.

thanks in advance for any guidance on this matter.
 
Last edited by a moderator:
You must log in or register to reply here.
Top