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

desi3933

Registered Users (C)
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)
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)
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)
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)
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)
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)
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)
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.
 

illusion_chaser

New Member
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!
 
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