luck2u Posted June 24, 2013 Report Posted June 24, 2013 Pls advise me about my situation... I got I-140 approval from Company X in July'2012 where my H1B is with same company. In Oct'2012 I transferred my H1B using that I-140 to Company Y as I'm out of 6 years of initial H1B period and got 3 years of H1B approval. After that I came to know that Company X has cancelled my I-140 as I'm not in their payroll. Now Company Y initiated PERM (GC-Labor) and is in process. So, if incase GC priority date becomes current, do I become eligible as I have I-140 approval earlier and even my current PERM is in process? Else is it mandatory that I should have PERM approval by the time GC priority date gets current? Pls let me know the options. Thanks inadvance!!
ksribhas Posted June 24, 2013 Report Posted June 24, 2013 Did you check online on the status of the previous I-140 ? was it revoked ? In this case you most probably would retain the priority date to be used when company Y files their I-140 for you . Coming to 485 possibilities, you cannot file it since the underlying I-140 is no longer active.
Belle Posted June 24, 2013 Report Posted June 24, 2013 You need an approved LC to file I-485, which you can concurrently with the new I-140 if your PD is current. You can't file based on your old I-140, so whether and how it was revoked is only relevant for PD retention.
luck2u Posted June 24, 2013 Author Report Posted June 24, 2013 @ksribhas: Thanks for your response!! Company X informed me that they cancelled my I-140 as I'm out of payroll based on Attorney's suggestion. But when I check status in USCIS website using SRC***, I can still see status as approved as Decision. I know USCIS website may not be updated with information. Is there any way that we can know whether it is really cancelled? @Belle: Thanks for your response!!
ksribhas Posted June 25, 2013 Report Posted June 25, 2013 The only way you can would be through FOIA request process.
luck2u Posted June 25, 2013 Author Report Posted June 25, 2013 Ok, Thanks!! I tried by walking to DHS office but they said they will not have any information and needs to check with Texas Service Center as my I-140 is processed in TSC. I will try thru FOIA and see.
geethb Posted June 25, 2013 Report Posted June 25, 2013 AM i missing something, luck2u, you should be able to port your previous PD, when you file for I-140 through new new company, even if it were cancelled.
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