Urgent: I 140 Portability for PD

S

some_girl

New Member
Hi All,

My employer is out of projects and has just given me a heads up that I may have to look elsewhere. He is willing to work with me to help me preserve my priority date. He has asked me find out details as to how he can help. He is also willing to keep me till my I 140 is approved.

My labor is approved and I 140 was filed last month. What are the things my present employer needs to do so that I can keep my priority date? Could some one please help me out????

Thanks,
Rishita.
 
Forgot to add, I am looking at educating myself on how my employer can help. Any post in this regard would help me..

Thanks a lot in advance,
Rishita
 
Your employer should not revoke the I-140 (after it is approved) till the time your I-485 (filed by your new employer) is pending for 180 days.
 
manwithnoname said:
Your employer should not revoke the I-140 (after it is approved) till the time your I-485 (filed by your new employer) is pending for 180 days.
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Since he is willing to help, I do not think he will revoke the approved I-140. Ask him to expedite it by paying $1000 extra for the premium processing. Because without it, the approval might take a long time and you do not want to lose your job before it gets approved. Once it gets approved (and he promises not to revoke it), your priority date gets locked and can be used when you restart your green card process with the different employer.
 
Well, unfortunately the premium processing service for I-140 is still suspended. So your employer will not be able to pay 1000 $ and expedite it.

bigboy00 said:
Since he is willing to help, I do not think he will revoke the approved I-140. Ask him to expedite it by paying $1000 extra for the premium processing. Because without it, the approval might take a long time and you do not want to lose your job before it gets approved. Once it gets approved (and he promises not to revoke it), your priority date gets locked and can be used when you restart your green card process with the different employer.
Click to expand...
 
Thanks all.

So by what I hear, I cannot leave my present employer till my I-140 is approved??

Up untill now, My labor has been approved but not I-140. So if I am fired before I-140 is approved, then I lose my priority date is it?
 
some_girl said:
Thanks all.

So by what I hear, I cannot leave my present employer till my I-140 is approved??

Up untill now, My labor has been approved but not I-140. So if I am fired before I-140 is approved, then I lose my priority date is it?
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you can leave the employer now. There is no requirement that you need to be working for him. Since he is cooperating their should not be any problems. Staying the payroll helps on financial check.

He can also apply for I-485 if he can just provide the employment letter even future one.

In any stages of the green card you need not work for the employer.

Look for the articles on AC-21
 
Wow.. Thanks for your time everyone..

I am kinda more confused now. Will organize my thoughts and get back to all of you :)
 
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