Off topic - Changing employer after I-140 is approved but 485 is not filed

desi3933

Registered Users (C)
#41
I was laid off by company A a week after my I-140 was filed. I joined company B and now have an I-140 approval in company B . I checked and found out that my I-140 approval came thru' with PD Apr'02 in company A and I was even given a copy of it on request.
My question is is it possible to port that priority date (Apr'02) to my case though I was not with company A until I-140 approval, but I do have the copy of the approval, so will I be able to use this PD. If yes should the porting of PD be taken care of now or during I-485 filing.
Please clarify. Thanks for all your help.
Yes, PD can be ported as long as I-140 from Company A is not revoked.
 

labor_headache

Registered Users (C)
#42
Folks-

I have a really urgent question. I am on 7th yr H1B. I got a Labor Substitution done from company A - so I now have an approved I-140 from company A that will give me 3 yr extension to my H1B. But I do not intend to join company A. I plan to join company B and port the PD from company A when filing for I-140 with company B. Could this be considered fraud by the INS? Could the INS be concerned that I got the labor substitution from a company that I never joined ultimately ?
 

kaushiks

Registered Users (C)
#43
I140 Approved - Changing Employers

Hi Experts,

I have a question regarding changing jobs with my i140 approved. My current company wont revoke the approved i140 even if i change jobs. My 8th yr h1b expires jan 2008. So if my new company wants to do a h1b transfer in june 2007 can they also request for 3 yr extension based on the i140 approval. Or for requesting the extension should the h1b expiration be within 6 months.

Thanks for any advice you may have.

Regards,
Kaushik
 

desi3933

Registered Users (C)
#44
New compnay can file for H1-B for 3 years

Hi Experts,

I have a question regarding changing jobs with my i140 approved. My current company wont revoke the approved i140 even if i change jobs. My 8th yr h1b expires jan 2008. So if my new company wants to do a h1b transfer in june 2007 can they also request for 3 yr extension based on the i140 approval. Or for requesting the extension should the h1b expiration be within 6 months.

Thanks for any advice you may have.

Regards,
Kaushik
New employer can file for H1-B for 3 years anytime prior to the expiration of current visa status as long as you have active and approved I-140 petition** and PD is not current.

** - The approved I-140 petition can be from any employer (or ex-employer) and does not matter what the job duties are.
 

desi3933

Registered Users (C)
#45
Folks-

I have a really urgent question. I am on 7th yr H1B. I got a Labor Substitution done from company A - so I now have an approved I-140 from company A that will give me 3 yr extension to my H1B. But I do not intend to join company A. I plan to join company B and port the PD from company A when filing for I-140 with company B. Could this be considered fraud by the INS? Could the INS be concerned that I got the labor substitution from a company that I never joined ultimately ?
With the details specified here, it does not seem to be any concern. Using Labor substitution does not make a difference.
 

kaushiks

Registered Users (C)
#46
Thanks

desi3933,

Thanks for your input. The confusion i had was doing the transfer and 3 yr extension at the same time. I was told for filing extensions your existing h1b expiry should be within 6 months. In my case it is jan 2008 and if the new company files transfer and extension in jun 2007 it is not within 6 months for the extension.

Thanks again for any input you may have.

Regards,
Kaushik

New employer can file for H1-B for 3 years anytime prior to the expiration of current visa status as long as you have active and approved I-140 petition** and PD is not current.

** - The approved I-140 petition can be from any employer (or ex-employer) and does not matter what the job duties are.
 

desi3933

Registered Users (C)
#47
desi3933,

Thanks for your input. The confusion i had was doing the transfer and 3 yr extension at the same time. I was told for filing extensions your existing h1b expiry should be within 6 months. In my case it is jan 2008 and if the new company files transfer and extension in jun 2007 it is not within 6 months for the extension.

Thanks again for any input you may have.

Regards,
Kaushik
With the existing employer, the H1-B extension can be filed any time within 6 months of current H1 status end date.

For new employer, it can be anytime prior to expiration.
 

kaushiks

Registered Users (C)
#48
Thanks

desi3933,

Thanks for the excellent information. This really reduces lot of stress :)
Is there any legal document while explains these?

Regards,
Kaushik

With the existing employer, the H1-B extension can be filed any time within 6 months of current H1 status end date.

For new employer, it can be anytime prior to expiration.
 
#49
Switching from EB02 to EB03

Here is my case:

My I-140 has been filed under EB02 and is awaiting approval. Recently, I have moved to a different position that does not require BS+5 and therefore I am required to reapply under EB03 category. Is it possible to file new PERM and I-140 under EB03 with the same employer and retain priority date from I-140 filed under EB02?

Thank you guys!
 
Last edited by a moderator:
Top