Priority Date


bkammari

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Hello,

my h1b and GC process is with company A, and my I-140 is approved with a priority date April 01,2011 .I am

working at my cleint locatation through company A. my cleint has offered me full time position, if i take

the full time ,my client will start my GC process from scratch after one year of my joining, and my I 140

will not be revoked from my company A as i am in good terms with them.with my client company starting my GC

process after one year and perm taking around 8 months and my I140 another 6 months will total up to almost

2.5 years.I know i can retain my priority date but during this 2.5 years of GC process with my cleint, if

my priority date becomes current what will be my situation.is it beter for me to wait till i get my EAD.

can you please guide me  and i really appreciate your help.

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Thanks for the response .I understand that I can retain my PD. MY client has to file my GC from Perm stage ,but in the middle of this process if my PD becomes current what are my options.

 

The PERM would have to be approved before you could do anything.

If the PD is current then, I-140 and I-485 could be filed in parallel.

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First of all, negotiate with your Client/Future employer to get the GC process started as soon as possible(may be after 6 months??). Let them know it takes lot of time for the process for each stage. I know they say its the company policy but if you have upper hand they might do it.

 

When you transfer to new employer and in case if you don't get your H1B visa for 3 years ( worst case), then processing GC  after 1 year will do no good for you. You calculate the math on how many days you will have

 

Second - You can do I-140 in premium/ file I-140 and I-485 concurrently if your PD is current at the time of filing I-140. You can't do anything other then waiting if it becomes current before PERM approved

 

Third - The only time the status of current I-140 will matter for you is if you want to move out of your Future employer, then if your I140 is not revoked then you can use it for further H1B extensions with the new employer.

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Thank you very much for all the suggestions, I think the best option would be requesting my client to start my GC process within 6 months of my joining, once this is approved then file I-140 and I-485 in parallel if my PD is current. is it true that I-140 should be applied within 6 months after Perm is approved or can it wait?

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Thank you very much for all the suggestions, I think the best option would be requesting my client to start my GC process within 6 months of my joining, once this is approved then file I-140 and I-485 in parallel if my PD is current. is it true that I-140 should be applied within 6 months after Perm is approved or can it wait?

Yes as approved PERM will be valid only for 6 months before which an I-140 petition has to be filed.

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