Current vs. Future Employment in PERM


Attorney_22

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This week, Murthy Law Firm attorneys will answer questions regarding the nuances of filing a PERM application for a current or a future position.  

 

Rules for Topic of the Week Threads:

 

 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

 

 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

 

 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

 

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An employee is working on H1B with Company A & has an approved I140 with Company B based on PERM for a future position. If the employee then joins Company C (via H1B transfer), can Company C file for PERM & 1-140 for current employment & use the priority date from the previous I140 approval?

 

Also, is the employee legally required to work for Company B at sometime in the future?

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One of the consulting company filed Future GC processing for me and they have successfully cleared the Labor application.

But when they filed I-140 for me , it went into background security check. My I-140 petition is still in same status for the past one year. My company is saying they cannot do anything but wait

 

Is there any way to find out what is stopping my application. 

As it is all Future processing and i am not an employee of that company , is there any way if they are telling me the truth . Appreciate your help

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I have been with my current employer for over 7 years since they applied for my I 140. I need to move to a new employer for better job prospects. Should the new employer apply for PERM and new I 140, if they can wait that long. And when I leave, can I request the current company to leave my I 140 as it is, in case they or I need to reconsider working together in near future when my priority date becomes current?

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I have been with my current employer for over 7 years since they applied for my I 140. I need to move to a new employer for better job prospects. Should the new employer apply for PERM and new I 140, if they can wait that long. And when I leave, can I request the current company to leave my I 140 as it is, in case they or I need to reconsider working together in near future when my priority date becomes current?

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I have been with my current employer for 5 years now with an apporved PERM and I 140. I am thinking of changing jobs. I dont expect my priority date (PD) to become current for 2-4 more years. If I was to join another firm, do I have to file new PERM and I 140 right away or can I wait till the PD moves closer to my date? 

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Hi Sir,

I have approved I-140 from Company A ( More than 180 days and not revoked also ).

Currently I am working on Company B more than a year and now Company B Labor filed and got approved. 

 

Do I need to apply for I-140 again with Company B?

if Yes, Is there any new Rule coming up / Yet to approve by USCIS that "Once I-140 is approved, no need to re-apply anymore I-140's with future employers?

Means " A person have valid I-140 from Company A , can no need to apply/reapply any more I-140's with Company B, C,D and so on?

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An employee is working on H1B with Company A & has an approved I140 with Company B based on PERM for a future position. If the employee then joins Company C (via H1B transfer), can Company C file for PERM & 1-140 for current employment & use the priority date from the previous I140 approval?

 

Also, is the employee legally required to work for Company B at sometime in the future?

Yes, company C can file a new PERM & I-140 for their employee in the current position and can generally retain the earlier priority date. It is not required that an I-140 beneficiary work for the sponsor prior to green card approval, however it can help to show intent and ability to pay (if ability to pay is a concern). 

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One of the consulting company filed Future GC processing for me and they have successfully cleared the Labor application.

But when they filed I-140 for me , it went into background security check. My I-140 petition is still in same status for the past one year. My company is saying they cannot do anything but wait

 

Is there any way to find out what is stopping my application. 

As it is all Future processing and i am not an employee of that company , is there any way if they are telling me the truth . Appreciate your help

Provided your I-140 was filed with the original labor certification, you can upgrade to premium processing. Your employer or attorney can also submit a Service Request to inquire about the delay.  

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I have been with my current employer for over 7 years since they applied for my I 140. I need to move to a new employer for better job prospects. Should the new employer apply for PERM and new I 140, if they can wait that long. And when I leave, can I request the current company to leave my I 140 as it is, in case they or I need to reconsider working together in near future when my priority date becomes current?

The answers to your questions include nuances that are best discussed over the phone. Feel free to call our office to schedule a time to speak with one of our experienced attorneys. 

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I have been with my current employer for 5 years now with an apporved PERM and I 140. I am thinking of changing jobs. I dont expect my priority date (PD) to become current for 2-4 more years. If I was to join another firm, do I have to file new PERM and I 140 right away or can I wait till the PD moves closer to my date? 

Generally, it is best to start the new PERM process as soon as possible since delays and issues can arise. Moreover, the new process may be necessary to extend your status in the U.S. However, the specifics of your situation and concerns are best discussed directly with a qualified U.S. immigration attorney. 

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Hi Sir,

I have approved I-140 from Company A ( More than 180 days and not revoked also ).

Currently I am working on Company B more than a year and now Company B Labor filed and got approved. 

 

Do I need to apply for I-140 again with Company B?

if Yes, Is there any new Rule coming up / Yet to approve by USCIS that "Once I-140 is approved, no need to re-apply anymore I-140's with future employers?

Means " A person have valid I-140 from Company A , can no need to apply/reapply any more I-140's with Company B, C,D and so on?

Yes, your current sponsor is required to file an I-140 to lock-in the immigrant offer, and there is not a new rule stating otherwise. The only possible exception at this time are the provisions of AC21 which allow an I-140 offer to port to a new employer if the offer remained valid and an I-485 was pending for at least 180 days.   

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I am on a solid job with EB3, PD 04/2016. 

 

While applying for future PERM: what the key points I should focus on in order to succeed in this entire process?

The key to filing for a future position is to ensure the offer is legitimate, you possess the qualifications of the future position at the time the labor is filed, and the employer can show their ability to pay. If planning to use on the job experience to qualify, or planning to obtain further credentials to qualify for EB2, it is best to speak directly with a U.S. immigration attorney to discuss the best strategy. 

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Yes, company C can file a new PERM & I-140 for their employee in the current position and can generally retain the earlier priority date. It is not required that an I-140 beneficiary work for the sponsor prior to green card approval, however it can help to show intent and ability to pay (if ability to pay is a concern). 

So in the above case if I140 gets approved with Company C, then the employee does not have to work with Company B in the future (even though Company B filed PERM & I140) earlier

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Dear sir, I have NIW I-140 approved from Company A with Feb 2015 as PD and few days after approval I lost that job due to lay-offs, but the company promised not to withdraw the approved I-140s for all the employees who were laid off. Now I am working for company B. so My questions are:

1. Do I need to transfer my I-140 to the new company or to my-self or leave it as such. Which option is preferred
2. In case I need to transfer (to self or to new company), do I directly start from I-140 petition or go from Perm-labor certification 
3. In case I can leave it as such, does this mean I can file I-485 when the priority date becomes current, though the I-140 is from the company I am not working with anymore.
Thank you for your services

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Dear sir, I have NIW I-140 approved from Company A with Feb 2015 as PD and few days after approval I lost that job due to lay-offs, but the company promised not to withdraw the approved I-140s for all the employees who were laid off. Now I am working for company B. so My questions are:

1. Do I need to transfer my I-140 to the new company or to my-self or leave it as such. Which option is preferred

2. In case I need to transfer (to self or to new company), do I directly start from I-140 petition or go from Perm-labor certification 

3. In case I can leave it as such, does this mean I can file I-485 when the priority date becomes current, though the I-140 is from the company I am not working with anymore.

Thank you for your services

Due to the complexity of your situation, it is advisable to speak directly with an experienced U.S. immigration attorney to discuss your options and the best approach. Feel free to call our office to schedule a time to speak with someone. 

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It doesn't matter whether your I140 is revoked or not, bcos you can still port your PD even if your I140 is revoked.

rahul412, I understand that. It would be even safer to move from one company to other when Approved i-140 is not revoked.Again, you don't have depend on the mercy of USCIS(i guess). 
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Hello

 

I work as a consultant for a consulting agency and they filed my I-140 in Nov 2015, which is approved. Priority date is 2015. Another client has offered a full time position. If I transfer to this new company as their fulltime employee, can my I-140 be transferred as well? Can I retain my priority date? Or does this new company have to file labor and I-140 all over again? Appreciate some guidance please.

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rahul412, I understand that. It would be even safer to move from one company to other when Approved i-140 is not revoked.Again, you don't have depend on the mercy of USCIS(i guess). 

You don't need USCIS's mercy, all you need is PD. That's all, don't depend on this useless rule and postpone your job plans.

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Hello

 

I work as a consultant for a consulting agency and they filed my I-140 in Nov 2015, which is approved. Priority date is 2015. Another client has offered a full time position. If I transfer to this new company as their fulltime employee, can my I-140 be transferred as well? Can I retain my priority date? Or does this new company have to file labor and I-140 all over again? Appreciate some guidance please.

New employer still has to file your Labor and I140. Only PD is retained, that's all you have in this new rule.

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I have an approved I-140 (with PD Feb, 2016) with my current employer A, i am going to transfer my H1 for a full time position at employer B. If I join back employer A in future will my previously approved I-140 be still valid? Can my GC process resume smoothly or does it need any adjustments since I was not with employer A for some period.

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