Emergiency please help: 3 year extension after I140, Can we change employer?

H

HaraPatta2006

Registered Users (C)
Hello Guru's,

I have had my I-140 cleared so got the 3 years extension on my H1. Now the company is going through a lot of oursourceing activities, and am farly certain that my job might be gone in a matter of days to weeks. My H1 as of now is valid till 2009, so can I get a H1 transfer and hop on to another company.

Can't file for 485 because after the I140 had been cleared the company moved me to georgia (different state) and filed a new labor, which is now stuck in BEC philly. The company is not ready to do any adjustments and sujjesting I wait till this new labor comes through, which is like... a long while. In the mean time, I am sure to loose this job because of outsourcing.

Please help, in this case since I have my H1 valid for 2 1/2 more years, can I switch employers ? I had heard from a friend that since the 3 year H1 is valid from my current company, as soon I am out of this company the 3 years validity is void. Is that right??
 
You can transfer company and also your PD

Hi HaraPatta2006,
I dont think your situation is not bad.You should be able to transfer your H1 to another company and you can also transfer your PD to your new Company.Your will issued a new H1 till the end date of your current H1which as you metioned should be 2009 Meaning when you start your green card process with your new company eventhough you have to start ur GC process again u can keep your priority date.

Hopefully this helps.

Sunny
 
Thanks but..

Thank you very much sunny for your response. But my current company had applied for my GC in EB3, but this new company is willing to do it in EB2. In this case can I use my previous PD??

Thanks,
-Harapatta..
 
Last edited by a moderator:
Want to change my company

I want to change from my present company. My PD is Jan 2005 in Virginia. Can I chage my company and keep this PD? Do I have to reapply for LABOR in new company? An input on this is highly appreciated.
Thanks
Malidar
 
malidar said:
I want to change from my present company. My PD is Jan 2005 in Virginia. Can I chage my company and keep this PD? Do I have to reapply for LABOR in new company? An input on this is highly appreciated.
Thanks
Malidar
Click to expand...

u have to reapply for labor.
 
HaraPatta2006 said:
Hello Guru's,

I have had my I-140 cleared so got the 3 years extension on my H1. Now the company is going through a lot of oursourceing activities, and am farly certain that my job might be gone in a matter of days to weeks. My H1 as of now is valid till 2009, so can I get a H1 transfer and hop on to another company.

Can't file for 485 because after the I140 had been cleared the company moved me to georgia (different state) and filed a new labor, which is now stuck in BEC philly. The company is not ready to do any adjustments and sujjesting I wait till this new labor comes through, which is like... a long while. In the mean time, I am sure to loose this job because of outsourcing.

Please help, in this case since I have my H1 valid for 2 1/2 more years, can I switch employers ? I had heard from a friend that since the 3 year H1 is valid from my current company, as soon I am out of this company the 3 years validity is void. Is that right??
Click to expand...

H1 transfer for the remaining period should not be a problem. now that i-485 is NOT pending for more than 6 months, not sure, if you can use the same PD.
I am not also sure about this. why can't ur employer just file 485, if ur pd is current and see what happens, as if you are still in old state(not GA)?? and after 6 months, you can quit and take the PD along with you!!
 
You can keep your EB3 for Your new EB3

HaraPatta2006 said:
Thank you very much sunny for your response. But my current company had applied for my GC in EB3, but this new company is willing to do it in EB2. In this case can I use my previous PD??

Thanks,
-Narayana..
Click to expand...

Hi Narayana,
You can keep your EB3 PD from your old company and can still be able t o attach to the new company.It doesnt matter if your old one was EB2 or EB3.

Sunny
 
Need more info..

LABOR_CA said:
Hi Narayana,
You can keep your EB3 PD from your old company and can still be able t o attach to the new company.It doesnt matter if your old one was EB2 or EB3.

Sunny
Click to expand...

Hello,

Thank you again. Now the question is what proof do I need and how do I gather that proof to prove that my I-140 was cleared. I have only an email from my lawyer firm stating the I140 was cleared. Also they are employed by the company, and want to stretch the process as looooong as they can.

Thanks a ton,
-HaraPatta..
 
HaraPatta2006 said:
Hello,
You just need a copy of the I-140 approval.

Thank you again. Now the question is what proof do I need and how do I gather that proof to prove that my I-140 was cleared. I have only an email from my lawyer firm stating the I140 was cleared. Also they are employed by the company, and want to stretch the process as looooong as they can.

Thanks a ton,
-HaraPatta..
Click to expand...
 
HaraPatta2006 said:
Hello Guru's,

I have had my I-140 cleared so got the 3 years extension on my H1. Now the company is going through a lot of oursourceing activities, and am farly certain that my job might be gone in a matter of days to weeks. My H1 as of now is valid till 2009, so can I get a H1 transfer and hop on to another company.

Can't file for 485 because after the I140 had been cleared the company moved me to georgia (different state) and filed a new labor, which is now stuck in BEC philly. The company is not ready to do any adjustments and sujjesting I wait till this new labor comes through, which is like... a long while. In the mean time, I am sure to loose this job because of outsourcing.

Please help, in this case since I have my H1 valid for 2 1/2 more years, can I switch employers ? I had heard from a friend that since the 3 year H1 is valid from my current company, as soon I am out of this company the 3 years validity is void. Is that right??
Click to expand...


You can change the employer after 6 months of I-140 approval under AC21 law. The only condition is you are not going to change your workzone (title).
 
PBECIsKillingMe said:
You can change the employer after 6 months of I-140 approval under AC21 law. The only condition is you are not going to change your workzone (title).
Click to expand...


Not quite true.. AC21 is for I485.. Can change employer after 6 mths of I485.. not I140.. You will port your whole GC process to the new company.. Responsibilities and role need to be 95% same..

As for I140.. once it's approved and you have 3 years extension.. just apply LC and I140 thru new co and you would be able to port your old PD to new approved I140... Don't have to wait 6 mths from approval for this...

hope this helps..
 
Question on that.

Cool, so to make this plan happen, what are the documents I need to have or produce to prove that I140 has been cleared previously. Again, the company lawyer works for himself first and my company next, so can't expect too much help from him.

Thanks folks, you are giving me some hope in this really hopeless state of mind am in..

-Harapatta..
 
Quick question please respond.

HaraPatta2006 said:
Cool, so to make this plan happen, what are the documents I need to have or produce to prove that I140 has been cleared previously. Again, the company lawyer works for himself first and my company next, so can't expect too much help from him.

Thanks folks, you are giving me some hope in this really hopeless state of mind am in..

-Harapatta..
Click to expand...


Please guys, any openions... thoughts??

-Harapatta..
 
HaraPatta2006 said:
Please guys, any openions... thoughts??

-Harapatta..
Click to expand...

copy of your I-140 approval is all you should need. to be safe get a copy of your labor approval also. don't panic. you should be able to get the 2 1/2 yrs on ur h1. don't listen to your friend, sounds he is crap...
 
How do I get a copy of I140.

csrini1 said:
copy of your I-140 approval is all you should need. to be safe get a copy of your labor approval also. don't panic. you should be able to get the 2 1/2 yrs on ur h1. don't listen to your friend, sounds he is crap...
Click to expand...

Thank you very much Srini for your response. But, as I said... it would be close to impossible to get a copy of my approved I140 from my lawyer without providing him with a reason. Is there any other way I can get a copy of the same, may be from USCIS?

Thanks,
-harapatta..
 
HaraPatta2006 said:
Thank you very much Srini for your response. But, as I said... it would be close to impossible to get a copy of my approved I140 from my lawyer without providing him with a reason. Is there any other way I can get a copy of the same, may be from USCIS?

Thanks,
-harapatta..
Click to expand...

you haven't tried, i don't think it is impossible. ask him for a copy of certified LC and i-140. if he asks for a reason, tell him, just as a proof, you want to keep it with you.... if he doens't budge, tell him your father-in-law wants to see it to believe, what u r telling him, otherwise ur marriage is in trouble, if you are not married, tell him your would be father-in-law wants to see it, to give her daughter to you....

you need to watch more movies, i guess..
 
csrini1 said:
you haven't tried, i don't think it is impossible. ask him for a copy of certified LC and i-140. if he asks for a reason, tell him, just as a proof, you want to keep it with you.... if he doens't budge, tell him your father-in-law wants to see it to believe, what u r telling him, otherwise ur marriage is in trouble, if you are not married, tell him your would be father-in-law wants to see it, to give her daughter to you....

you need to watch more movies, i guess..
Click to expand...
Srini what a good reason you gave . it made me laugh so hard... BTW lawyer should not have any problem in providing you copy of your approvals. just ask for records. my lawyer always does that.
 
He is a company lawyer(law firm)

ha ha ha!!... Man that was really funny. But this is a company law firm, and he is more interested in making more money off my company than to provide me with faster GC... :confused: :(
 
Any thoughts /advice anyone?

HaraPatta2006 said:
ha ha ha!!... Man that was really funny. But this is a company law firm, and he is more interested in making more money off my company than to provide me with faster GC... :confused: :(
Click to expand...
 
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