Changing Employer and Existing GC Process

Y

yellowrocks

Registered Users (C)
Hello

I am working with Company A and my I -140 is approved and I 485 under process.

If i switch to company B, can i continue the existing GC Process and maintain existing H1B Status? or does H1B gets cancelled due to AC21?

Waiting for your responses

Thanks
 
yellowrocks said:
If i switch to company B, can i continue the existing GC Process
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If the job is same or similar, yes.

and maintain existing H1B Status? or does H1B gets cancelled due to AC21?
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An H-1B is employer-specific. If you want to use an H1B to work for Company B, that company needs to file a new H-1B petition on your behalf, and you can start work with them as soon as the petition is received by USCIS.
 
yellowrocks said:
Hello

I am working with Company A and my I -140 is approved and I 485 under process.
---------------If I-485 is pending more than 180 days you are eligible for AC21
If i switch to company B, can i continue the existing GC Process and maintain existing H1B Status?
------------ to remain on H1 B need to file H1 transfer
or
does H1B gets cancelled due to AC21?
-------------H1B does not get cancelled due to AC21, AC21 is filed for pending I-485 and AC21 has nothing to do with H1. better remain on H1 status and join new employer with H1 transfer

Waiting for your responses

Thanks
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Can it continue for future employers

Hi Ginnu
In future if i join Company C on another H1 Transfer, will the GC Process of my Employer A will still be continued?

Can employer B or C or D file for another GC for me.
If employer B or c or D files for another GC, will my GC process from employer A still be valid(i mean will i still be eligible for GC through that process)?
 
yellowrocks said:
Hi Ginnu
In future if i join Company C on another H1 Transfer, will the GC Process of my Employer A will still be continued?
----------------YES
Can employer B or C or D file for another GC for me.
---------------they can start from LC
If employer B or c or D files for another GC, will my GC process from employer A still be valid(i mean will i still be eligible for GC through that process)?
--------- Yes if you are eligible for AC21 then no need of starting GC process again through B , C or D.
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better to post your I-140 and I-485 filing dates and I-140 approval date
 
priority date?

Ginnu
Currently I am in EB3, but am eligible for EB2.
Can i keep the same priority date with New GC Process with new employer or will i be receiving new priority date?

What if i file GC with same employer in EB2 now? Will i get new priority date or can i keep my same priority date?
 
yellowrocks said:
Ginnu
Currently I am in EB3,

but am eligible for EB2.

----what do you mean by but "am eligible for EB2" you may be eligible for EB2 but it is upto employer to file new LC in Eb3 or EB2
Can i keep the same priority date with New GC Process with new employer or will i be receiving new priority date?
----------------------one can retain the old PD IF I-140 was approved for you in Past it can be EB3 or EB2 it can be from any employer
What if i file GC with same employer in EB2 now?
--------------------talk to your employer and lawyer for more info
Will i get new priority date or can i keep my same priority date?
------------read above
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why dont post your I-140 and I-485 filing dates and I-140 approval date????
 
Pd

Ginnu
My 140 was approved in April 2005
I am EB3 with Priority date of April 2004
If i file new LC in EB2, can i carry same priority date? OR i will get new priority date?
 
since you are I140 is approved, your old priority date can be used even for other I140 applications in which you are beneficiary. This is true only as long as your old I140 (that gives you 2004 priority date) is not revoked.

----
I am not a lawyer.
 
jsrini77 said:
since you are I140 is approved, your old priority date can be used even for other I140 applications in which you are beneficiary.
---------- that is correct but the person need to inform lawyer at the time of second I-140 filing so that he can recapture early PD and person should write his/her A# on second I-140 form(if one has A#)
This is true only as long as your old I140 (that gives you 2004 priority date) is not revoked.
-------------------------------------Not correct. If the past employer revoke the approved I-140 the beneficiary carry the PD. if I-140 is revoked by USCIS or DOS due to fraud on part of employer or the beneficiary only then one cant take the early PD of revoked I-140I am not a lawyer.
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yellowrocks said:
Ginnu
My 140 was approved in April 2005
I am EB3 with Priority date of April 2004

If i file new LC in EB2, can i carry same priority date?
-----YES, . inform your lawyer at the time of second I-140 filing time


OR i will get new priority date?
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Same employer

Thanks Ginnu
Can my current employer apply for another LC in PERM in different category(EB2)?
Can i file Another I -140 with this same employer and continue older priority date which was for different category(EB3) while filing I -140?
Do i need to file I -140 again for different category?
 
yellowrocks said:
Thanks Ginnu
Can my current employer apply for another LC in PERM in different category(EB2)?
----------------May be talk to your Lawyer
Can i file Another I -140 with this same employer and continue older priority date which was for different category(EB3) while filing I -140?
----------------yes
Do i need to file I -140 again for different category?
---------------YES
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Please go to your lawyer.
 
Confidentiality from employer for i485 filing?

For my i-485 application, I have a potential risk because of a prior arrest and criminal charge. The charge is not expected to be technically detrimental to my prospects of clearing the i-485. However, it is an embarassment that I would like to keep confidential from my employer.

My question is - do I have to continue to use the attorney hired by my employer, or can I take my paperwork upto i-140 and hire my own attorney? If I do have to use my employer's attorney, can I separately arrange to get advice from this attorney in a personal, confidential capacity and file my i-485 without my employer's involvement?

Thanks.
 
i485_anxious said:
For my i-485 application, I have a potential risk because of a prior arrest and criminal charge. The charge is not expected to be technically detrimental to my prospects of clearing the i-485. However, it is an embarassment that I would like to keep confidential from my employer.

My question is - do I have to continue to use the attorney hired by my employer, or can I take my paperwork upto i-140 and hire my own attorney? If I do have to use my employer's attorney, can I separately arrange to get advice from this attorney in a personal, confidential capacity and file my i-485 without my employer's involvement?

Thanks.
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for I-485, EAD AP you can hire YOUR attorney . I-485 EAD AP dont belong to employer.
 
please clarify my doubt on changing employers

Hello Gurus,

Can you clarify my doubt?

My I-140 is approved, but my employer is delaying to apply 485 and i have just 3 months of H1B to complete 6 years. If i have to change my employer with in these 3 months, can i get 3yrs H1B extension with new employer?

Please clarify, i will be grateful to you.

Thank You,
 
gccard2007 said:
Hello Gurus,

Can you clarify my doubt?

My I-140 is approved, but my employer is delaying to apply 485
------------- you can file I-485 directly if you have I-140 filing reciept# and can attach the online printout
and i have just 3 months of H1B to complete 6 years. If i have to change my employer with in these 3 months, can i get 3yrs H1B extension with new employer?
-------------------Yes, provide the evidence of I-140 approval to new company lawyer so that he can ask for 3 year extension
Please clarify, i will be grateful to you.

Thank You,
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Thanks for the info

Ginnu, thanks for the information. By chance do you have the website where i can get this official information?
 
Priority Date Portability

Ginnu,
My employer filed for me in EB3 in 2004
This case was approved and i got I-140 approved and I 485 is filed but is stuck due to retrogression I have EAD and AP

can my employer again file my labor in EB2 now?
Can my priority date be 2004 date or i will get new Priority date?
 
yellowrocks said:
Ginnu,
My employer filed for me in EB3 in 2004
This case was approved and i got I-140 approved and I 485 is filed but is stuck due to retrogression I have EAD and AP

can my employer again file my labor in EB2 now?
Can my priority date be 2004 date or i will get new Priority date?
Click to expand...

replied to your other post
 
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