I-140 portability issue

M

mygcworld

New Member
Dear members,

My Labor Certi is approved (12/30/05) and my employer (big financial firm in NY) is filing my I-140 (via regular process) this week.
I will be leaving my current job in the end of this month.

My question is, can I use the same LC & I-140 for keeping this priority date in future?

Will my employer revoke my petition once I leave the firm? (What is usually the case for big companies?)

If my current employer doesn't revoke my petition, am I elligible to use this I-140 for future reference? (as I won't be working for my current company when this I-140 will be approved).

What is your advise in this matter?

I am desperately in need of your suggestion.

Thanks
 
H1-B 8th year extension

Hi

My situation is that

My 7th Year extension expire in Jan 2007
My LC filed on Nov 2004
I have 45 day letter for LC applied on Nov 2004

Quesiton: -
Can I join new employer and can new employer file for 8th year extension based on 45 days letter?


Thanks for all help.
 
Yes you can join a new employer and get an 8th year extension based on either 45 day letter or BEC screen shot.

Please do remember you will loose you Prority Date if you are doing this.

ssahai said:
Hi

My situation is that

My 7th Year extension expire in Jan 2007
My LC filed on Nov 2004
I have 45 day letter for LC applied on Nov 2004

Quesiton: -
Can I join new employer and can new employer file for 8th year extension based on 45 days letter?


Thanks for all help.
Click to expand...
 
Hi mygcworld,

To the best of my knowledge, you can use the priority date only if you are still working for the employer when I-140 is approved.

If I-140 is approved after you leave the job, you will loose the priority date.

My suggestion would be to fork out extra $1000 from your own pocket and file I-140 using premium processing (15-days processing). Hopefully, your I-140 will be approved before you leave the current job. If possible, delay leaving your job until the I-140 is approved and also be sure to at least obtain a Copy of I-140 approval before you leave teh job so you can use it in the future for PD porting.

Keep in mind, your new employer will have to restart from your GC process starting from LC, I-140. Once you have I-140 approved from new employer, you can port older priority date (from old employer) at I-485 stage.

Best of luck,

Netnerd


mygcworld said:
Dear members,

My Labor Certi is approved (12/30/05) and my employer (big financial firm in NY) is filing my I-140 (via regular process) this week.
I will be leaving my current job in the end of this month.

My question is, can I use the same LC & I-140 for keeping this priority date in future?

Will my employer revoke my petition once I leave the firm? (What is usually the case for big companies?)

If my current employer doesn't revoke my petition, am I elligible to use this I-140 for future reference? (as I won't be working for my current company when this I-140 will be approved).

What is your advise in this matter?

I am desperately in need of your suggestion.

Thanks
Click to expand...
 
Last edited by a moderator:
mygcworld said:
Dear members,

My Labor Certi is approved (12/30/05) and my employer (big financial firm in NY) is filing my I-140 (via regular process) this week.
I will be leaving my current job in the end of this month.

My question is, can I use the same LC & I-140 for keeping this priority date in future?
You can port this PD for future I-140 filings ONLY after this I-140 is approved. If this I-140 is revoked/withdrawn by company then you will lose your PD.

Will my employer revoke my petition once I leave the firm? (What is usually the case for big companies?)
Depends on your employer. You may ask them.

If my current employer doesn't revoke my petition, am I elligible to use this I-140 for future reference? (as I won't be working for my current company when this I-140 will be approved).
If I-140 is revoked, it is gone. You can not use it. You will lose PD as well.

What is your advise in this matter?
I assume you are joining new job on H1-B transfer. Ask them to file Perm labor asap.

I am desperately in need of your suggestion.
Good Luck and Best Wishes for your new job.

Thanks
Click to expand...
 
netnerd said:
Hi mygcworld,

To the best of my knowledge, you can use the priority date only if you are still working for the employer when I-140 is approved.
Not Correct. One port PD from old I-140 if it is approved. Does not matter if working or not for that employer.

If I-140 is approved after you leave the job, you will loose the priority date.
Not Correct.

My suggestion would be to fork out extra $1000 from your own pocket and file I-140 using premium processing (15-days processing). Hopefully, your I-140 will be approved before you leave the current job. If possible, delay leaving your job until the I-140 is approved and also be sure to at least obtain a Copy of I-140 approval before you leave teh job so you can use it in the future for PD porting.

You will not PD if I-140 is revoked by employer even after its approval.


Keep in mind, your new employer will have to restart from your GC process starting from LC, I-140. Once you have I-140 approved from new employer, you can port older priority date (from old employer) at I-485 stage.
Remember I-140 can be revoked by employer any time even after I-140 approval. In that case one can not transfer PD.

Best of luck,

Netnerd
Click to expand...
 
ssahai said:
Hi

My situation is that

My 7th Year extension expire in Jan 2007
My LC filed on Nov 2004
I have 45 day letter for LC applied on Nov 2004

Quesiton: -
Can I join new employer and can new employer file for 8th year extension based on 45 days letter?

Since LC is pending > 365 days, one can file for H1B extension for 1 year


Thanks for all help.
Click to expand...
 
Inquiry with I-140

Hi

My case is that, my current employer is using subsititute labor for my I-140 application.

Now I have got an inquiry related to difference in pay.

My question is whether this inquiry a major or a minor?
What should be the reply for this inquiry.

Thanks
Ssahai
 
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