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Attorney_22

Current vs. Future Employment in PERM

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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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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.

I140 will be valid if A doesn't revoke it. Honestly speaking, PD with 2016 I would say forget about it. You can't get your GC even in your next birth( assuming you're from India)

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

Thanks a lot!!! For the priority date to be retained does the new employer have to file AC21 while filing labor/H1 transfer or while filing I140?

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

To retain PD should the new employer file AC21 while filing labor/H1 transfer or while filing I140? Is there anything else that needs to be taken care of from my side/new employer to retain PD?

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Thanks a lot!!! For the priority date to be retained does the new employer have to file AC21 while filing labor/H1 transfer or while filing I140?

There is nothing call filing AC21. AC 21 is an act.

Your attorney will take care of retaining your PD.

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I have an approved I-140 with PD 2013. My wife works on H4 EAD based on my I-140. If i join another company with my i-140(say i get H1, my wife's H4 and EAD for 3 years), Would it be fine if she continue to work on that EAD even if my I-140 gets revoked after approval.

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I have an approved I-140 (PD = April 2011, Birth - India) from my US employer and May 2016, I am thinking of quitting my job and moving back to India to work for a local company there.

My Question is: If I decide to come back to the USA in 2020 and work for a new sponsor, Would the new sponsor be able to capture my I-140 priority date (April 2011) at that point or I would loose my priority date? 

Thanks for all your help to answer this question

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Hello folks, My wife completed MBBS from India and currently doing her medical residency (on H1B cap exempt) in US - she will be completing her medical residency next year (3 years on cap exempt H1B).

1) I have heard that next year if she finds a job in a for profit based hospital then she will have to move in the 65,000 lottery quota and not the 20,000 - as her MBBS and then medical residency is considered as bachelors and not US maters - is this correct.

2) Consider she gets into H1B profit based hospital and then the hospital allows he to process PERM, would she be applying PERM in EB2 or EB3. 

3) If she fits in EB3 - based on point number 2 above - how can she move to EB2 category - what studies does she need to move her to EB2 category.

Thanks for all your help.

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Hi, 

 

I have a approved 140 with Company A, recently transferred my H1 to another employer, B. 

Labor petition with new employer is not yet started. 

Can I still apply for my wife's H4 EAD with 140 from Old employer ?

 

Thanks. 

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I have an approved I-140 (with PD Jul, 2015) with my current employer A, i am going to transfer my H1 for a full time position at employer B. 6 years on my H1 will exhaust in 2019, If employer A doesn't revoke my I140, can I still apply for extension using my I140 (filed by employer A) while being with employer B ?

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I have an approved I-140 (PD = April 2011, Birth - India) from my US employer and May 2016, I am thinking of quitting my job and moving back to India to work for a local company there.

My Question is: If I decide to come back to the USA in 2020 and work for a new sponsor, Would the new sponsor be able to capture my I-140 priority date (April 2011) at that point or I would loose my priority date? 

Thanks for all your help to answer this question

Friend of mine came back after 3-4 years through another sponsor(H1b-lottery). He was able capture his PD

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I have an approved I-140 (with PD Jul, 2015) with my current employer A, i am going to transfer my H1 for a full time position at employer B. 6 years on my H1 will exhaust in 2019, If employer A doesn't revoke my I140, can I still apply for extension using my I140 (filed by employer A) while being with employer B ?

Yes. 

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Hi, 

 

I have a approved 140 with Company A, recently transferred my H1 to another employer, B. 

Labor petition with new employer is not yet started. 

Can I still apply for my wife's H4 EAD with 140 from Old employer ?

 

Thanks. 

Provided the old I-140 is still valid, yes. 

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I have an approved I-140 with PD 2013. My wife works on H4 EAD based on my I-140. If i join another company with my i-140(say i get H1, my wife's H4 and EAD for 3 years), Would it be fine if she continue to work on that EAD even if my I-140 gets revoked after approval.

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I have an approved I-140 with PD 2013. My wife works on H4 EAD based on my I-140. If i join another company with my i-140(say i get H1, my wife's H4 and EAD for 3 years), Would it be fine if she continue to work on that EAD even if my I-140 gets revoked after H1 approval.

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Hello Forum Gurus,

 

Please shed some light on my current situation. 

 

I've applied for GC with my current employer A. 140 is approved under EB2 Category (Masters+ 2Years). Now I wish to move to new employer and they say that they can apply for EB2 category but not for Masters+2 Years but Bachelors + 5 Years.

1) Can I still port my 140 if that happens ?

2) If my 140 can not be ported and they need to start a new GC process with 140, can my wife still work under EAD she got from my previous 140(As long as it is not revoked by my previous employer)

3) Currently I have 3 years of experience so if I wait 2 more years to apply for my GC from my new employer, will I keep my Priority date ?

 

Thanks in advance for all your help.

 

Good Day

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Dear Sir/Madam,

 

I am currently in USA on H1b Visa since dec 2014 and before that I was in L1B visa for three years. I have BE and MBA full time degree from India and total of 8.5 years of experience. Out of which 4.5 years in USA with the same company. My company is filing PERM for me and they mentioned that I am not eligible for EB2. Also,they mentioned that my experience of 4.5 years is not considered,thats the reason I am not eligible. Could you please comment on this. 

 

Regards,

 

Subramani G

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Hello Forum Gurus,

 

Please shed some light on my current situation. 

 

I've applied for GC with my current employer A. 140 is approved under EB2 Category (Masters+ 2Years). Now I wish to move to new employer and they say that they can apply for EB2 category but not for Masters+2 Years but Bachelors + 5 Years.

1) Can I still port my 140 if that happens ?

2) If my 140 can not be ported and they need to start a new GC process with 140, can my wife still work under EAD she got from my previous 140(As long as it is not revoked by my previous employer)

3) Currently I have 3 years of experience so if I wait 2 more years to apply for my GC from my new employer, will I keep my Priority date ?

 

Thanks in advance for all your help.

 

Good Day

I will answer the basic questions, however you should also consider speaking with an immigration attorney directly to discuss the nuances. Generally, if you have an approved I-140 you can port that priority date to any future I-140 petition even when the position, or minimum requirements are different. Similarly, once an H4EAD is approved it is evidence of work authorization. However, pursuant to current law if the basis for the H4EAD is no longer viable, USCIS could issue a rescission of the EAD. If you do not have a four-year accredited bachelor's degree and five years of progressive experience after the bachelor's degree you would need to gain that additional time. However, that additional experience would need to be gained with either a different employer than the sponsor, or in a substantially different position than the sponsored position.  

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Dear Sir/Madam,

 

I am currently in USA on H1b Visa since dec 2014 and before that I was in L1B visa for three years. I have BE and MBA full time degree from India and total of 8.5 years of experience. Out of which 4.5 years in USA with the same company. My company is filing PERM for me and they mentioned that I am not eligible for EB2. Also,they mentioned that my experience of 4.5 years is not considered,thats the reason I am not eligible. Could you please comment on this. 

 

Regards,

 

Subramani G

EB2 requires either the equivalent of a U.S. Master's degree or the equivalent of a U.S. Bachelor's degree and five years of progressive related experience. If you must use experience with the same employer to qualify then the sponsored position must be substantially different than the position you gained the experience in. To discuss this in more detail, feel free to call our office to schedule a consultation. 

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