Priority Date with I-140

[seema_579]

Hi,

I have already got my Labor cleared through Company A in PERM with Jan'2006 as priority date. I am all set to apply for I-140 but I am holding off as I plan to change the company.

My question is:
Consider the scenario:

1)
If I applly I-140 now & it gets approved in 3-4 months.
After that, if I want to change the company/employer & I apply for Labor again through PERM through Company B, would I get the same priority date as Jan 2006?

2)
If I do NOT apply for I-140 now & change my company/employer & apply for Labor again through PERM in Company B, I will get a new later priority date?

3)
Secondly, I am also going to India for my H1B renewal wherein in DS-156 form I have said NO to question if my immigrant visa petition is applied or not.
If I apply I-140 now, do I need to put it as Yes again, or is No fine?

Thanks,

 

[great guru]

Hi,

I have already got my Labor cleared through Company A in PERM with Jan'2006 as priority date. I am all set to apply for I-140 but I am holding off as I plan to change the company.

My question is:
Consider the scenario:

1)
If I applly I-140 now & it gets approved in 3-4 months.
After that, if I want to change the company/employer & I apply for Labor again through PERM through Company B, would I get the same priority date as Jan 2006? yes
2)
If I do NOT apply for I-140 now & change my company/employer & apply for Labor again through PERM in Company B, I will get a new later priority date? yes

3)
Secondly, I am also going to India for my H1B renewal wherein in DS-156 form I have said NO to question if my immigrant visa petition is applied or not.
If I apply I-140 now, do I need to put it as Yes again, or is No fine?

I 140 IS AN IMMIGRATION PETITION, PERM IS NOT AN IMMIGRATION PETITION
Thanks,

 

[desi3933]

you may lose PD if ...

Originally Posted by seema_579
Hi,

I have already got my Labor cleared through Company A in PERM with Jan'2006 as priority date. I am all set to apply for I-140 but I am holding off as I plan to change the company.

My question is:
Consider the scenario:

1)
If I applly I-140 now & it gets approved in 3-4 months.
After that, if I want to change the company/employer & I apply for Labor again through PERM through Company B, would I get the same priority date as Jan 2006?
yes
But you may lose PD if Company A revokes approved I-140 at a later time
2)
If I do NOT apply for I-140 now & change my company/employer & apply for Labor again through PERM in Company B, I will get a new later priority date? yes

3)
Secondly, I am also going to India for my H1B renewal wherein in DS-156 form I have said NO to question if my immigrant visa petition is applied or not.
If I apply I-140 now, do I need to put it as Yes again, or is No fine?

I 140 IS AN IMMIGRATION PETITION, PERM IS NOT AN IMMIGRATION PETITION
Thanks,

 

[st4rguitar]

Hi,

I have already got my Labor cleared through Company A in PERM with Jan'2006 as priority date. I am all set to apply for I-140 but I am holding off as I plan to change the company.

My question is:
Consider the scenario:

1)
If I applly I-140 now & it gets approved in 3-4 months.
After that, if I want to change the company/employer & I apply for Labor again through PERM through Company B, would I get the same priority date as Jan 2006?
Yes, but only if you are able to obtain a copy of the I-140 approval, and some companies do not issue them for that very reason.
2)
If I do NOT apply for I-140 now & change my company/employer & apply for Labor again through PERM in Company B, I will get a new later priority date?
Yes, you will not be able to salvage the older date based on a labor approval only. You must have the I-140 approved in order to salvage the date (see above response).
3)
Secondly, I am also going to India for my H1B renewal wherein in DS-156 form I have said NO to question if my immigrant visa petition is applied or not.
If I apply I-140 now, do I need to put it as Yes again, or is No fine?

Thanks,