I-140 after BEC: How, what, when, where ...
- Thread starter 2002calabor
- Start date
changing job after I140 (subs) approved
Hi friends,
My I-140 (EB3, substitution) application was recently approved. see my signature for details. Now, I am getting another job opportunity in same field, but the title is considerably different (Senior Engineer ---> Director).
1. Do I need to file PERM and I-140 again for the new employer? Or can I just file I-485 with the new employer?
2. Can I port the PD of the Substitution LC & approved I-140 from the existing employer to the new employer? Like I said, field of employment is same but title is considerably higher.
Please help!
Hi friends,
My I-140 (EB3, substitution) application was recently approved. see my signature for details. Now, I am getting another job opportunity in same field, but the title is considerably different (Senior Engineer ---> Director).
1. Do I need to file PERM and I-140 again for the new employer? Or can I just file I-485 with the new employer?
2. Can I port the PD of the Substitution LC & approved I-140 from the existing employer to the new employer? Like I said, field of employment is same but title is considerably higher.
Please help!
ThirstyFish
Registered Users (C)
I-140 approval?
I am in the same boat, not sure if we should be worried - mine is pending since Jan 2007. The processing date on official site still shows AUG 2006 processing
I am in the same boat, not sure if we should be worried - mine is pending since Jan 2007. The processing date on official site still shows AUG 2006 processing
ThirstyFish
Registered Users (C)
online status check
sanswa,
Get the I-140 file receipt number that uscis issues from your lawyer/employer then you can check the status online at https://egov.immigration.gov/cris/caseStatusSearchDisplay.do
sanswa,
Get the I-140 file receipt number that uscis issues from your lawyer/employer then you can check the status online at https://egov.immigration.gov/cris/caseStatusSearchDisplay.do
ThirstyFish
Registered Users (C)
Senior Engineer ---> Director
Again, professional advise is the best thing, do not go by what forum says.
Sbydbec, I think the job title matters as much as the job function matched on your labor. If you switch, you HAVE to file new labor but you can substitute the old labor PD while filing new I-140 (provided your old employer has not revoked your approved I-140)
Again, professional advise is the best thing, do not go by what forum says.
ThirstyFish
Registered Users (C)
only employee..
As long as your employer has filed tax returns for last three years and they are currently capable of paying you what uscis calls market rate wages, there should be no issue. Your educational evaluation is different story though
Pls refer my signature for my details.
Question : I'm the only employee of my company.
As long as your employer has filed tax returns for last three years and they are currently capable of paying you what uscis calls market rate wages, there should be no issue. Your educational evaluation is different story though
As long as your employer has filed tax returns for last three years and they are currently capable of paying you what uscis calls market rate wages, there should be no issue. Your educational evaluation is different story though
Thanks for the encouraging information. Yes, my company has filed tax returns and they are paying me more than market rate wage. I think(hope) my education evaluation is okay.
Folks, any help will be appreciated here. A few of us are not clear about the benefits of Premium Processing. Basically, is it worth it if we're filing concurrently? I mean if the I-140 gets approved in 3 days versus 6 months, wouldn't I still have to wait for the I-485 to be approved?
njgcseeker
Registered Users (C)
You can get a Co-Worker's affidavit (even though your Co-Worker is not with that company anymore). I had a similar issue and I located my co-worker whos was working with a different company now. Send your Co-Worker this format and have him notarized. This affidavit is good enough for your I140 application.
Sample Affidavit
AFFIDAVIT FROM CO-WORKER
State of:
County of:
I, Mr. _________________ residing at __________________________ being first duly sworn, depose and say that:
I was ( or “am an”) an employee of ______________ Inc., located at ____________________________ from ________ to ___________. I say that around the same time Mr._____________ was also an employee of __________________ Inc.. In ______ 2000 we were involved in a project with our company’s client at _____________________. The project involved ______________ . As part of this project Mr. __________________ had to do (………………you can draft these in your own words…).
_____________________________________________
Signature
Date:
Notary:
Sample Affidavit
AFFIDAVIT FROM CO-WORKER
State of:
County of:
I, Mr. _________________ residing at __________________________ being first duly sworn, depose and say that:
I was ( or “am an”) an employee of ______________ Inc., located at ____________________________ from ________ to ___________. I say that around the same time Mr._____________ was also an employee of __________________ Inc.. In ______ 2000 we were involved in a project with our company’s client at _____________________. The project involved ______________ . As part of this project Mr. __________________ had to do (………………you can draft these in your own words…).
_____________________________________________
Signature
Date:
Notary:
ThirstyFish
Registered Users (C)
PD is not yours
Cowboy, The priority date of certified labor belongs to labor (employer) not you, but approved I-140 means you have right to use that PD even if you leave the employer (of course you have to have copy of approved I-140).
Secondly, if the PD is relatively new and you have to go for H1 extensions beyond 6 years then approved I-140 gets you 3 year extension instead of 1 year. Trust me that is one big relief.
I hope your question is answered here
Cowboy, The priority date of certified labor belongs to labor (employer) not you, but approved I-140 means you have right to use that PD even if you leave the employer (of course you have to have copy of approved I-140).
Secondly, if the PD is relatively new and you have to go for H1 extensions beyond 6 years then approved I-140 gets you 3 year extension instead of 1 year. Trust me that is one big relief.
I hope your question is answered here
Nov 06
I just check the processing date for TSC for 140 move to November 06 but 485 went backward to September 06. Weird I thought they were working on October 06 last month but now they go backward again? I just check my status and I got another LUD today. Hopefully it is getting close.
I am in the same boat, not sure if we should be worried - mine is pending since Jan 2007. The processing date on official site still shows AUG 2006 processing
I just check the processing date for TSC for 140 move to November 06 but 485 went backward to September 06. Weird I thought they were working on October 06 last month but now they go backward again? I just check my status and I got another LUD today. Hopefully it is getting close.
ThirstyFish
Registered Users (C)
stupid question
What is LUD ? where are you checking it ? is it the same url to check update based on receipt number ?
What is LUD ? where are you checking it ? is it the same url to check update based on receipt number ?
Lud
LUD is "last update" information that you can see it through the automatic system USCIS has. When you set it up with the email responding "your portfolio" always indicate LUD. Sometimes it changes, Somtimes it doesn't. It depends on the case. When someone open your file and do some update, this date will change. Still need to confirm how true it is. It should happen to every case and everyone. Just keep an eye on your LUD. Maybe it has changed many times. My friend told me the frequent they check on your case the closer you will get it, but I doubt it! What I hope is that someone is working on my case and not abandon it. Some little hope to see when it change. Hopefully change for good reason. I have been checking every month. Little light of hope. Hopefully I will reach the end of the tunnel soon. Long suffering but still being patient, just a little bit more. Hang in there ok ThirtyFish! Almost there!
LUD is "last update" information that you can see it through the automatic system USCIS has. When you set it up with the email responding "your portfolio" always indicate LUD. Sometimes it changes, Somtimes it doesn't. It depends on the case. When someone open your file and do some update, this date will change. Still need to confirm how true it is. It should happen to every case and everyone. Just keep an eye on your LUD. Maybe it has changed many times. My friend told me the frequent they check on your case the closer you will get it, but I doubt it! What I hope is that someone is working on my case and not abandon it. Some little hope to see when it change. Hopefully change for good reason. I have been checking every month. Little light of hope. Hopefully I will reach the end of the tunnel soon. Long suffering but still being patient, just a little bit more. Hang in there ok ThirtyFish! Almost there!
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yours_sincerely
Registered Users (C)
What's the difference between "Prevailing" and "Proferred" wage?
Its a relief to know that there are other one person companies around like mine where people are seeking Green Cards.
I have been struggling with the "Ability to Pay" guidelines from USCIS to find out if my I-140 may get rejected. My employer has been paying me prevailing wages (supported by my W2 proofs) for almost all the years (my LC was filed in 2002). The prevailing wage for my job is around 50K in my area (this is as per the Prevailing Wage field received from PBEC when I emailed them for a status) but my LC was filed with a promise to pay me $80,000 per year with the understanding that the company has to pay that wage only after the green card is approved. The USCIS guidelines say that company should show ability to pay "Proferred" wage for all the years since LC has been filed. At some other place, the Yates memo says the company should be able to pay "Prevailing" wage for all the years since LC has been filed.
My question is: If my company was paying prevailing wages (less than offered on my LC) and showing a loss on its tax returns for all these years do I stand a chance of getting my I-140 approved?
Its a relief to know that there are other one person companies around like mine where people are seeking Green Cards.
I have been struggling with the "Ability to Pay" guidelines from USCIS to find out if my I-140 may get rejected. My employer has been paying me prevailing wages (supported by my W2 proofs) for almost all the years (my LC was filed in 2002). The prevailing wage for my job is around 50K in my area (this is as per the Prevailing Wage field received from PBEC when I emailed them for a status) but my LC was filed with a promise to pay me $80,000 per year with the understanding that the company has to pay that wage only after the green card is approved. The USCIS guidelines say that company should show ability to pay "Proferred" wage for all the years since LC has been filed. At some other place, the Yates memo says the company should be able to pay "Prevailing" wage for all the years since LC has been filed.
My question is: If my company was paying prevailing wages (less than offered on my LC) and showing a loss on its tax returns for all these years do I stand a chance of getting my I-140 approved?
As long as your employer has filed tax returns for last three years and they are currently capable of paying you what uscis calls market rate wages, there should be no issue. Your educational evaluation is different story though
2002calabor
Registered Users (C)
eaky,
Is you 140 in NSC? You are seeing a lot of LUD's. I haven't seen a change since Feb when it was filed.
On a different note, are you guys contemplating PP with all the hoopla about the new immigration law?
Bye
Is you 140 in NSC? You are seeing a lot of LUD's. I haven't seen a change since Feb when it was filed.
On a different note, are you guys contemplating PP with all the hoopla about the new immigration law?
Bye
Tsc
2002calabor
My case went to TSC and I don't know why LUD change very often. I thought every case just like mine (keep changing). I file 140 regular not PP because I think I still have to wait for 485 anyway. Hopefully I will get an approve soon.
New immigration law change only "no substitution effect on 05/07/07" right? Perhaps there are other changing that I don't know about it. Please explain.
2002calabor
My case went to TSC and I don't know why LUD change very often. I thought every case just like mine (keep changing). I file 140 regular not PP because I think I still have to wait for 485 anyway. Hopefully I will get an approve soon.
New immigration law change only "no substitution effect on 05/07/07" right? Perhaps there are other changing that I don't know about it. Please explain.
New Update
Today after I reply to 2002calabor, I check my status online again.
To my surprise I got a status "Approval notice sent" for both 140 and 485 for me and my wife.
Hang in there guys and thank you very much for everything.
First I thought I got only another LUD but I got an approval instead. Great news.
So from what my friends said was kind of true, the more LUD change without RFE the closer you start to get an approval.
Maybe it is just a theory.
Best wish to all of you. Hang in there. Almost there.
Today after I reply to 2002calabor, I check my status online again.
To my surprise I got a status "Approval notice sent" for both 140 and 485 for me and my wife.
Hang in there guys and thank you very much for everything.
First I thought I got only another LUD but I got an approval instead. Great news.
So from what my friends said was kind of true, the more LUD change without RFE the closer you start to get an approval.
Maybe it is just a theory.
Best wish to all of you. Hang in there. Almost there.
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lengthyLabor
Registered Users (C)
Congratulations on your I-140 and I-485 approval. That's great news. Does that mean it only took about 3 and half months for both of these approvals ? I heard that these days it take from at least year to 2.5 years to get I-485 approval because of name check .
Today after I reply to 2002calabor, I check my status online again.
To my surprise I got a status "Approval notice sent" for both 140 and 485 for me and my wife.
Hang in there guys and thank you very much for everything.
First I thought I got only another LUD but I got an approval instead. Great news.
So from what my friends said was kind of true, the more LUD change without RFE the closer you start to get an approval.
Maybe it is just a theory.
Best wish to all of you. Hang in there. Almost there.
ThirstyFish
Registered Users (C)
yours sincerely
Yours_sincerely, The picture isn't too rosy for you but do not lose heart yet. I did check the i-140 guidelines again, looks like it will depend upon the interpetation of the approver. The guidelines sure looked confusing to me..
What does your lawyer say ?
Yours_sincerely, The picture isn't too rosy for you but do not lose heart yet. I did check the i-140 guidelines again, looks like it will depend upon the interpetation of the approver. The guidelines sure looked confusing to me..
What does your lawyer say ?
ThirstyFish
Registered Users (C)
permium processing
I didn't see a LUD change since mine was filed in Jan and indeed i am contemplating on converting
i-140 to PP specially now that i485 is being filed next week. My employeer is a big fish so I am not
too worried about 140 but I was advised by one of my good friend to get the 140 approved asap.
I didn't see a LUD change since mine was filed in Jan and indeed i am contemplating on converting
i-140 to PP specially now that i485 is being filed next week. My employeer is a big fish so I am not
too worried about 140 but I was advised by one of my good friend to get the 140 approved asap.
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