I-140 approved, taking up a new job

M

mayuresh_s

Registered Users (C)
Dear Friends,
I am currently working as a consultant at a firm since passed 3 years, under the same employer. My employer has applied for my GC and I had my I-140 approved in Jan 2009, waiting for my priority date of Sept 2007 to be current to apply for I-485.

The firm where I am current working as consultant has offered me a full time position, same profile and similar pay, but at different geographical location. Can some one please explain me if I can keep my same priority date if I take this new full time position offer ? Do I have to re-apply for PERM/LC and I-140 ? What process do I need to go through ? What kind of risks am I taking here ? I would appreciate any comments.

Thanks
 
mayuresh_s said:
Dear Friends,
I am currently working as a consultant at a firm since passed 3 years, under the same employer. My employer has applied for my GC and I had my I-140 approved in Jan 2009, waiting for my priority date of Sept 2007 to be current to apply for I-485.

The firm where I am current working as consultant has offered me a full time position, same profile and similar pay, but at different geographical location. Can some one please explain me if I can keep my same priority date if I take this new full time position offer ? Do I have to re-apply for PERM/LC and I-140 ? What process do I need to go through ? What kind of risks am I taking here ? I would appreciate any comments.

Thanks
Click to expand...

your employer A filed LC for you and I-140 for you and I-140 got approved. you have not applied I-485 and you are NOT eligible for AC21.If you belong to India and have PD of 2007 it is going to take long time when your PD may be current.
You are working with B has offered you job with same or similar title or job duties and it does not make you eligible for AC21. Employer A can revoke t I-140 anytime .For AC21 you need I-140 approved and I-485 PENDING.
If you join B with H1 transfer then request Employer B to file H1 transfer with premium processing and once you get H1 transfer approved join B. FYI at this time USCIS is sending RFE for many documents and is denying H1 extensions and H1 transfers filed by consulting companies. If employer B is ready to file H1 transfer and ready to file LC then I-140 then you may go for employer B if not satisfied working with A.
If B files LC and I-140 then you can recapture the PD of employer A I-140 if you have copy of I-140 approval notice or copy of I-140 filing. When file second I-140 through B then request the lawyer to recapture the early PD and provide him copy of I-140 approval notice or copy of I-140 filing receipt (also take the printout from USCIS site for your I-140 approval message).

** What is your country of birth?
*** your approved I-140 is EB3 or EB2?
 
Thank you very much for replying.

Yes I am an Indian citizen and my I140 was approved under EB2. I now understand that I can not apply for AC21, since my I485 is not PENDING.

You had mentioned "FYI at this time USCIS is sending RFE for many documents and is denying H1 extensions and H1 transfers filed by consulting companies." My employer B is not a consultant, but my current employer A is a consulting firm. So my H1 transfer will be filed by employer B, would there still be risk of of RFE's.

FYI, I just got my H1 renewed til 2013 couple of months ago (3-year extension as my I-140 was approved, after 6 years of H1B). Can I request my employer not to revoke my I-140 ? If they agree, then what are my options ?

What would be your personal opinion, as you had mentioned that my PD of 2007, it will take a long time for it to be current. Should I take a full time offer and restart my GC with my same priority date ? or work as a consultant atleast till I am eligible for AC21 ?

Thanks again
 
mayuresh_s said:
Thank you very much for replying.

Yes I am an Indian citizen and my I140 was approved under EB2. I now understand that I can not apply for AC21, since my I485 is not PENDING.

You had mentioned "FYI at this time USCIS is sending RFE for many documents and is denying H1 extensions and H1 transfers filed by consulting companies." My employer B is not a consultant, but my current employer A is a consulting firm.
So my H1 transfer will be filed by employer B, would there still be risk of of RFE's.
----------------------RFE is for more documents from employer or from You. Lawyer of B should take care of in any RFE. nobody can say that USCIS is not going to send RFE or will not send RFE. We are not working with USCIS and have not seen your H1 B transfer papers/Petition.
FYI, I just got my H1 renewed til 2013 couple of months ago (3-year extension as my I-140 was approved, after 6 years of H1B). Can I request my employer not to revoke my I-140 ? If they agree, then what are my options ?
-------------------- by law employer is not required to revoke I- 140. If that employer is not going to revoke the I-140 then it is good for you.

What would be your personal opinion, as you had mentioned that my PD of 2007, it will take a long time for it to be current.
------------------------ it all depends on Visa numbers I dont know when it will be current for you.
Should I take a full time offer and restart my GC with my same priority date ?
or work as a consultant atleast till I am eligible for AC21 ?
--------------------you can work as consultant with B and get paid by A and(no H1 transfer) once your PD becomes current then file I-485. FYI if the employer is not going to revoke the I-140 you can file your I-485 when working with B Full time and getting paid directly by B. once eligible for AC21 then invoke AC21 with job offer letter of B.
GC is for future job after I-485 approval. employer A can file LC, I-140 while working with B.

Thanks again
Click to expand...

** you should read AC21 Memo.
 
Thanks for replying. It was good to know that I can keep my current process as it is and apply for I485 if my current employer A does not revoke my I140.

So if I convince my employer A, not to revoke my I-140, would I have to file my I-485 via employer A , even if I am working as full time with employer B ?

What would happen if I am full time with employer B and restart my GC process with them and my PD with employer A becomes current, but my LC or I-140 is still in process with employer B?

Thanks for all your assistance.
 
mayuresh_s said:
Thanks for replying. It was good to know that I can keep my current process as it is and apply for I485 if my current employer A does not revoke my I140.

So if I convince my employer A, not to revoke my I-140, would I have to file my I-485 via employer A , even if I am working as full time with employer B ?
-----------I-485 is filed by YOU and not by employer A or B or C. I-485 is your petition and you file I-485 on the base of I-140. when you file I-485 then you will need employer A job offer letter +copy of I-140 approval notice or copy of I-140 filing reciept. you CAN file I-485 when working with B. GC is for future job.
What would happen if I am full time with employer B and restart my GC process with them and my PD with employer A becomes current, but my LC or I-140 is still in process with employer B?
-----------------you can start the GC process with B. B can file LC and after LC approval can file I-140. if your PD becomes current and A has not revoked I-140 then you can file I-485 based on A I-140.

Thanks for all your assistance.
Click to expand...

--------------
 
Thanks for replying.

Besides the employer A assuring me that they will not revoke my I-140, how else can I verify that my I-140 is not revoked when I switch from employer A to employer B ?

I understand if my I-140 is not revoked by employer A and I join employer B then I don't need to re-apply for LC and I-140 again, correct ?

And when by PD with employer A (sept 2007) is current, I can straightaway apply for I-485, correct ? Is there any risk with this approach as my LC and I-140 was applied by my old employer A ?
 
mayuresh_s said:
Thanks for replying.

Besides the employer A assuring me that they will not revoke my I-140, how else can I verify that my I-140 is not revoked when I switch from employer A to employer B ?
----------------------- If employer A dont send letter to USCIS to revoke the approved I-140 for you then USCIS is not going to revoke the I-140.I-140 is Employer petition if Employer A revoke the I-140 then Lawyer of A or employer A will know that I-140 is revoked. you can check online status with I-140 reciept number but USCIS Online status is not always correct.

I understand if my I-140 is not revoked by employer A and I join employer B then I don't need to re-apply for LC and I-140 again, correct ?
-----------------------Correct. If I-140 is approved and I-485 is pending more than 180 days then one can invoke AC21. You dont have I-485 filed at this time.

And when by PD with employer A (sept 2007) is current, I can straightaway apply for I-485, correct ?
----------------Correct. you will need copy of I-140 filing reciept or copy of I-140 approval notice.
Is there any risk with this approach as my LC and I-140 was applied by my old employer A ?
------------------ If A is not going to revoke I-140 then at this point I dont see problem.
Click to expand...
as a Back up plan why dont request B to file LC for you? and if LC gets approved then file I-140 through new employer?
 
ginnu said:
as a Back up plan why dont request B to file LC for you? and if LC gets approved then file I-140 through new employer?
Click to expand...

I will do the backup plan that you mentioned. In question 2 you said -

I understand if my I-140 is not revoked by employer A and I join employer B then I don't need to re-apply for LC and I-140 again, correct ?
-----------------------Correct. If I-140 is approved and I-485 is pending more than 180 days then one can invoke AC21. You dont have I-485 filed at this time.

My I-140 is approved but I haven't applied for I-485. So if my employer A does not revoke I-140, and I switch to employer B, then do I have to re-apply for LC and I-140 or can I straightaway apply for I-1485 when my PD with employer A (sept 2007) becomes current ?

Thanks for answering
 
mayuresh_s said:
I will do the backup plan that you mentioned. In question 2 you said -

I understand if my I-140 is not revoked by employer A and I join employer B then I don't need to re-apply for LC and I-140 again, correct ?
-----------------------Correct. If I-140 is approved and I-485 is pending more than 180 days then one can invoke AC21. You dont have I-485 filed at this time.

My I-140 is approved but I haven't applied for I-485.

So if my employer A does not revoke I-140, and I switch to employer B, then do I have to re-apply for LC and I-140
-----------------NO
or can I straightaway apply for I-1485 when my PD with employer A (sept 2007) becomes current ?
----------------------Yes you will need copy of I-140 approval and Job offer letter of A that you will attach with form I-485.

Thanks for answering
Click to expand...

-------------------
 
You must log in or register to reply here.
Top