real important?

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sanj4p

Registered Users (C)
I have worked with a company for two years and they have filed my I-140 (Pre Approved Labor) last month in august .. Now after the retrogression i dont want to continue with the same company .. I have one year left in finishing my 6 years of H1 ..

My questions are :
1. If i leave my current company Can i get the H1B extensions with the second company on the basis of approved i 140 from the current company (assuming that i will stay with the current company till the time i get my i 140 approved)

2. If i can get the extensions and i leave current company ..can i use the priority date of this i 140 with the new application which i will get filed with the new company ....


Is someone on the same boat and does somebody have any answer about these questions?
 
Priority Date

sanj4p said:
I have worked with a company for two years and they have filed my I-140 (Pre Approved Labor) last month in august .. Now after the retrogression i dont want to continue with the same company .. I have one year left in finishing my 6 years of H1 ..

My questions are :
1. If i leave my current company Can i get the H1B extensions with the second company on the basis of approved i 140 from the current company (assuming that i will stay with the current company till the time i get my i 140 approved)

2. If i can get the extensions and i leave current company ..can i use the priority date of this i 140 with the new application which i will get filed with the new company ....


Is someone on the same boat and does somebody have any answer about these questions?
Click to expand...

Once the 140 is approved, the priority date becomes yours. You must keep a copy of the 140 approval letter with you. You can use it for H1 extension in another company also. But you will have to start fresh LC from the new employer for getting your GC.
 
GCPD0102 said:
Once the 140 is approved, the priority date becomes yours. You must keep a copy of the 140 approval letter with you. You can use it for H1 extension in another company also. But you will have to start fresh LC from the new employer for getting your GC.
Click to expand...
what if previous labor is revoked by employer?
 
Similar situation--need help/advice

GCPD0102 said:
Once the 140 is approved, the priority date becomes yours. You must keep a copy of the 140 approval letter with you. You can use it for H1 extension in another company also. But you will have to start fresh LC from the new employer for getting your GC.
Click to expand...
Hi GCPD0102,
Could you please answer/advice my couple of questions --
1) I applied my labor with my previous company in Nov'03, it is still pending in backlog. In the meantime I joined to another company and applied PERM which is also pending and after Sept 30, I'll be stuck due to retrogression. My 6yr visa will expire in Sept 2006.
Now, suppose if my PERM is denied, and previous labor is still pending in the following year, then can I get my 7yr extension with my present employer by previous employer labor pending situation?

2) Or, if PERM is denied and previous labor is approved, then if I can apply I-140 with previous employer and can I get 7yr extension, in that case probably I have to be with previous employer?

3) Or to be in safe side, can my present employer file 2nd PERM when 1st PERM is pending, in that case is there any risk involved of denying 1st PERM.

any answer/advice from anybody would be much appreciated.

Thanks in advance.
 
My understanding about your point 1 and 2 is as follows:-

Your current employer can not apply for extension basing on Labor applied by previous employer. It will be your previous employer who can apply for extension basing on "Pending Labor". Same is true about I140. Your previous employer only can apply for your I140.

It's not required by law that you should be working with your GC sponsoring employer before getting GC but the process is not portable from one employer to other employer till the time your 485 with an approved 140 has been pending more than 180 days. At this point your employer can be your new employer. The conditions to be satisfied are related to job you're doing, not the employer.

There is also a provision that you can change employer after approval of 140 but 485 not filed because of retrogression. But in that case you port only "Priority Date" and your new employer will have to file labor and 140 for you with old PD.

This is my understanding. You need to consult your attorney before making any decision..
 
Last edited by a moderator:
similar situation--need help/advice

Hi Anildel:
Thanks much for your response.
Actually I heard that concept that I can extend for 7th yr with present employer based on previous employer's labor pending, which I also didn't think could be done, from a lawyer assistant.
So i have to verify carefully and proceed.

If anybody any such rules, comments would be appreciated.

Thanks again.
 
Second employer

seeklabor said:
Hi GCPD0102,
Could you please answer/advice my couple of questions --
1) I applied my labor with my previous company in Nov'03, it is still pending in backlog. In the meantime I joined to another company and applied PERM which is also pending and after Sept 30, I'll be stuck due to retrogression. My 6yr visa will expire in Sept 2006.
Now, suppose if my PERM is denied, and previous labor is still pending in the following year, then can I get my 7yr extension with my present employer by previous employer labor pending situation?

Yes. You can apply for 7th year H1 extension through employer B based on your pending LC with employer A. But if USCIS sends and RFE, you may have to provide a letter from employer A to USCIS that they have not withdrawn their application for your LC.

2) Or, if PERM is denied and previous labor is approved, then if I can apply I-140 with previous employer and can I get 7yr extension, in that case probably I have to be with previous employer?

I-140 can be filed only by the employer who got the LC approved. You may still be able to get 7 th year extension on this basis through the other employer.

3) Or to be in safe side, can my present employer file 2nd PERM when 1st PERM is pending, in that case is there any risk involved of denying 1st PERM.

I don't think it is advisable to file a second PERM application while one is under process. Unless there was a genuine error in the application, it may be construed as fraud. If there was a genuine error, it may be better to request for a withdrawal of the application brefore it gets denied and before filing second one. Be sure to discuss in detail with your attorney.

any answer/advice from anybody would be much appreciated.

Thanks in advance.
Click to expand...

I am not an attorney and my comments are not legal advice. They are just my understanding based on what I have read in the different discussion forums. Please contact a qualified attorney before initiating any action.
 
Hi Seeklabor

Seeklabor

I have some more suggestions:

If you have a good relationship with your previous employer, then once your LC is approved request them to file I-140 and wait till it gets approved. Once that I-140 is approved the priority date of Nov 03 is yours to keep. Use that old priority date and the PERM LC from the new employer and file a new I-140 and I-485 through the new employer. This way you can take advantage of your old priority date - very very valuable in these days of Retrogression.

Again I am not an attorney and this is not legal advice
 
Many thanks--still one questions to ask

Hi GCPD0102:
Many thanks for confirming the 7yr extension rule based on previous employer, still if I take any action or plan to do, I'll double check with lawyer.

Again many thanks for other good suggestions.

One more question -- If I have PERM file case number, then is there any way that i can verify the status without my lawyer's help. I heard that lots of those PERM applications which are still pending beyond 60days or so, the status showing is "IN Process".
Is it true.....?
how to check status with case number without my lawyer's help?

Thanks in advance.
 
GCPD0102 said:
Seeklabor

I have some more suggestions:

If you have a good relationship with your previous employer, then once your LC is approved request them to file I-140 and wait till it gets approved. Once that I-140 is approved the priority date of Nov 03 is yours to keep. Use that old priority date and the PERM LC from the new employer and file a new I-140 and I-485 through the new employer. This way you can take advantage of your old priority date - very very valuable in these days of Retrogression.

Again I am not an attorney and this is not legal advice
Click to expand...
gcpd0102,
Suppose substitute labor will be eliminated by this year.
How likely for employer to withdraw the approved LC? I know it depends on the employer, what's your opinion on this?
 
one more question !!

thanks to evrybody for replying to my original question .. Now one of the question i have is :

I had substituted labor (2002) and my company filed for I 140 just last month .. now if i leave them and if they revoke my I 140 ..can i still get the extensions from the other company on the basis of the substituted labor .. i have only one year left in my H1b ..

if at all i can continue with the other company after my first company revokes my I 140 .. what are the papers which i will need to get extension with other company ?
 
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