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Priority date retention case
- Thread starter srsin
- Start date
what if you switch from EB2 to EB3? Is the priority date still valid?
Waiting for sb's answer.
thx
Waiting for sb's answer.
thx
srsin said:If the I140 is approved with comapany A and then moved to another company B. New Labor is pending thru compnay B with new pririty. Question is the old priority can be used once the LC is approved from B to file 140/485.
srsin said:If the I140 is approved with comapany A and then moved to another company B. New Labor is pending thru compnay B with new pririty. Question is the old priority can be used once the LC is approved from B to file 140/485.
NO
inwater said:what if you switch from EB2 to EB3? Is the priority date still valid?
Waiting for sb's answer.
thx
Why would you switch from EB2 to EB3?
I assume you are talking about doing it in the same company.
Why no. Some where found that if the 140 is approved and it has not been revoked, then that person can use the PD if his new labor is approved and wants to file the 140/485. This is because the person has started his immigration first has been approved petion by INS so he get the right to apply for the status of adjustment. Any comments ??APD said:Quote:
Originally Posted by srsin
If the I140 is approved with comapany A and then moved to another company B. New Labor is pending thru compnay B with new pririty. Question is the old priority can be used once the LC is approved from B to file 140/485.
NO
srsin said:Why no. Some where found that if the 140 is approved and it has not been revoked, then that person can use the PD if his new labor is approved and wants to file the 140/485. This is because the person has started his immigration first has been approved petion by INS so he get the right to apply for the status of adjustment. Any comments ??
PD date to I-140/485 is used of the LC. If you want to persue your I-485 from Co A's LC then PD of Co A's LC will be used. If you use Co B's LC to file for I-140/485 then PD of Co B's LC will be used.
You can used PD from Co A's LC if you file I-485 after I-140 is approved and wait for 180 days approval pending on your I-485 and then change job using AC21 then your PD will not change.
When you switch LC's every thing switches....
rest_2004_free
Registered Users (C)
NO YOU ARE WRONG...you can retain you PD
IF you have cleared 140 from previous company you can reuse that PD for your next LC with another company...does not matter EB2 or EB3 has to be employment based approach of course.
I am in the same boat I have checked with my attorney...it should be ok....
You should be able to retain your PD Period. Fight for it. I have read Murthy's comments on this in her chat documents. Check with a good attorney they should be able to help out.
Good luck.
IF you have cleared 140 from previous company you can reuse that PD for your next LC with another company...does not matter EB2 or EB3 has to be employment based approach of course.
I am in the same boat I have checked with my attorney...it should be ok....
You should be able to retain your PD Period. Fight for it. I have read Murthy's comments on this in her chat documents. Check with a good attorney they should be able to help out.
Good luck.
IN_LC said:PD date to I-140/485 is used of the LC. If you want to persue your I-485 from Co A's LC then PD of Co A's LC will be used. If you use Co B's LC to file for I-140/485 then PD of Co B's LC will be used.
You can used PD from Co A's LC if you file I-485 after I-140 is approved and wait for 180 days approval pending on your I-485 and then change job using AC21 then your PD will not change.
When you switch LC's every thing switches....
SlplesInSeattle
Registered Users (C)
Priority Date Retension Case..Urgent!!!!!
Hi,
My friend has a trying situation & any concrete suggestion/info would be really very helpful. He is currently in his 6th year of H1B & his LC was fileed more than a year back. However recently his company was taken over by another company & now he is scared about the validity of his existing LC.Will his LC be still valid? Can he apply for 7th year extension? If yes, what all steps he needs to take to revalidate the existing LC in new company's name?
Any info would be really be appreciated.
Thanks
Hi,
My friend has a trying situation & any concrete suggestion/info would be really very helpful. He is currently in his 6th year of H1B & his LC was fileed more than a year back. However recently his company was taken over by another company & now he is scared about the validity of his existing LC.Will his LC be still valid? Can he apply for 7th year extension? If yes, what all steps he needs to take to revalidate the existing LC in new company's name?
Any info would be really be appreciated.
Thanks
rest_2004_free
Registered Users (C)
Contact an attorney that is the best bet...
Get attorneys advise, it should be ok I think. They will do all the paper work.
Get attorneys advise, it should be ok I think. They will do all the paper work.
SlplesInSeattle said:Hi,
My friend has a trying situation & any concrete suggestion/info would be really very helpful. He is currently in his 6th year of H1B & his LC was fileed more than a year back. However recently his company was taken over by another company & now he is scared about the validity of his existing LC.Will his LC be still valid? Can he apply for 7th year extension? If yes, what all steps he needs to take to revalidate the existing LC in new company's name?
Any info would be really be appreciated.
Thanks
SlplesInSeattle said:Hi,
My friend has a trying situation & any concrete suggestion/info would be really very helpful. He is currently in his 6th year of H1B & his LC was fileed more than a year back. However recently his company was taken over by another company & now he is scared about the validity of his existing LC.Will his LC be still valid? Can he apply for 7th year extension? If yes, what all steps he needs to take to revalidate the existing LC in new company's name?
Any info would be really be appreciated.
Thanks
What kind of acquisition is it? I cannot answer your question but can tell you my experience:
My company was acquired by another company ( it was asset acquisition, there are other types of acquisitions and mergers ). My Lawyer said I am still in status because the new company assumed all the immigration liabilities. he did not file a new LCA ( needed for H1 ) but used the old companys LCA. He said I can continue to use my old H1 with an amendment, although I insisted and got a H1 tranfer since I was travelling to India soon. He said my labor condition application for green card ( filed by my old company ) is still valid and can be transferred to my new company. It is still pending at SWA, so I have to wait and see what happens. It was not my 6th year H1, so I can't help you there.
so, in my opinion, its not a NO HOPE scenario.
best of luck and let us know what happens.