I-140 approved, need help.

E

enquirer_andy

Registered Users (C)
I have got approval of LC and I-140 with my current employer "A" under PERM. But I cannot apply for I-485 yet because of retrogression. My company is going to be closed within a few months. Somene please answer my questions.
1)If my current employer "A" transfers me to a different location (state) but same job function, will my GC still be valid or do i have to start over again (including Labor certification and I-140) since I moved to a different state.
2) Another question is if I quit employer "A" and join employer "B", do I have to file the GC all over again with the new employer "B" even though my LC and I-140 is approved with the current employer "A"?
Could anyone please advice me on this issue. It will help me a lot.
 
enquirer_andy said:
I have got approval of LC and I-140 with my current employer "A" under PERM. But I cannot apply for I-485 yet because of retrogression. My company is going to be closed within a few months. Somene please answer my questions.
1)If my current employer "A" transfers me to a different location (state) but same job function, will my GC still be valid or do i have to start over again (including Labor certification and I-140) since I moved to a different state.

--- My lawyer told me that if the relocation is permanent then you have to start GC again.

2) Another question is if I quit employer "A" and join employer "B", do I have to file the GC all over again with the new employer "B" even though my LC and I-140 is approved with the current employer "A"?

---Yes. (Thats how f'cked up the process is.)

Could anyone please advice me on this issue. It will help me a lot.
Click to expand...
 
A quick note on Item 2 though.

Even if you have to restart the LC and 140 applications with Employer B, when you are filing for 140 thru employer B, you need to mention your 140 with employer A. On doing so, you will be able to retain the Priority Date of your first LC rather than the later date when you are applying with Employer B.
 
On doing so, you will be able to retain the Priority Date of your first LC rather than the later date when you are applying with Employer B.
Click to expand...

is it still valid if the Labor(and 140) from Employer A is EB3 and new Application from Employer B is EB2?? I'm in simillar situation some one please suggest me.

Thanks In Advance
 
Experience Letter

enquirer_andy said:
Thanks for your reply, chicago_desi.
Click to expand...


Can someone help me with this!

I'm in the process of getting an experience letter from my ex-employer, I left this co. 4 yrs back, is it ok if they type in the current date on my experience letter ? or should I back date the document. pls advice.

Also, do they have to mention all duties and skills that I have mentioned in my LC ? Is it possible for me to have a look at a sample experience letter.

Pls advice me on these issue.

Thanks
 
MADNY said:
Can someone help me with this!

I'm in the process of getting an experience letter from my ex-employer, I left this co. 4 yrs back, is it ok if they type in the current date on my experience letter ? or should I back date the document. pls advice.

--- Yes that's OK.

Also, do they have to mention all duties and skills that I have mentioned in my LC ?

---No, only those you actually used at prev employer.

Is it possible for me to have a look at a sample experience letter.

---Yes. But its better that you ask for a template from them, fill in the necessary details, do a couple of iterations with them to make sure that every thing is OK and then have them print it on their official letter head.

Pls advice me on these issue.

Thanks
Click to expand...
 
Thanks, Chicago Desi

Is it true that the Employer has to pay the wage amount that appears in the LC after getting the I-140 approval ?

Pls reply whenever you have time, thanks for yr advice.
 
MADNY said:
Thanks, Chicago Desi

Is it true that the Employer has to pay the wage amount that appears in the LC after getting the I-140 approval ?

---By law, Employment based greencard sponsorship is for future employment therefore there is no restriction on getting paid different than wage mentioned in LC. But everyone knows that employers sponsor for "current" jobs. So to curb abuse (or should I say in a failed attempt of doing so) USCIS expects, in most cases, employee getting paid the wages mentioned in LC at or near the time of approval of i485. This is my conclusion based on my conversations with several attorneys over last couple of years. Hope that helps.

Pls reply whenever you have time, thanks for yr advice.
Click to expand...
 
Mentioned below is my situation. pls advice.

My h-1 is expiring in Dec 2006

LC Priority date is 2/01/2003 - It'll take atleast 1-2 yrs to file I-485

Should I file my h-1 Ext. before filing my I-140 or I should file my I-140 first and file my H-1 Ext. for 3 yrs.

Can they refuse my H-1 Ext. if some thing goes wrong with my I-140. I'm 95% sure that my I-140 will get approved but you know there is some thing called luck, when you get into immigration stuff. I believe that they process h-1 & I-140 at the same location ( nsc for -Ny ) .

Thanks for yr advice Chicago Desi
 
MADNY said:
Mentioned below is my situation. pls advice.

My h-1 is expiring in Dec 2006

LC Priority date is 2/01/2003 - It'll take atleast 1-2 yrs to file I-485

Should I file my h-1 Ext. before filing my I-140 or I should file my I-140 first and file my H-1 Ext. for 3 yrs.

---You should file i140 ASAP and preferably in premium processing. I dont know how many years you have been in H, I am assuming your 6 years will expire in Dec 06. Once you have i140 approved you can file 3 yrs of H1 extension.

Can they refuse my H-1 Ext. if some thing goes wrong with my I-140.

---If you are filing for 3 years extension (after completing 6 years) then you have to have i140 approved and visa number retrogressed for you.

I'm 95% sure that my I-140 will get approved but you know there is some thing called luck, when you get into immigration stuff. I believe that they process h-1 & I-140 at the same location ( nsc for -Ny ) .

Thanks for yr advice Chicago Desi
Click to expand...
 
I-140 and LC Approved

My LC and 140 have been approved (under EB-2) with my current employer (Priority date: Aug 2005). Since I cannot apply for the 485, I am planning to switch companies. I know that I have to start the labor and 140 process all over again. I have read in someplaces that once your I-140 is approved, you can retain the old priority date (Aug-2005).

Since it will take atleast 6 months to 1 year for the dates to reach Aug-2005 and with the new premium processing of I-140 in place, I can easily apply get the LC and 140 approved with the new employer and also use the old priority date for filing the 485. Any suggestions / flaws in my plan ?
 
You must log in or register to reply here.
Top