Change employer after EB2 I-140 approved when PD is about to become current

[manojkk]

Hi Guys,

I have my EB2 140 approved with PD 23rd-SEP-2007 but couldn't file for 485 and my dates never became current. After waiting for so long with my employer now I got the opportunity of better offer from my direct vendor and he is ready to file my GC right away. I know that I can use my old priority dates as my old employer shouldn't revoke the 140. My question are:

1) What time my old priority dates will be ported? is that while filing new 140 or 485.

2) I have my 6 years completed on h1 and got already one 3 years extension based on 140 which is expiring on 31st-Dec-2012. How long would I get the h1 extension for when my new employer files for h1 transfer.

3) My priority dates may become current while my new labor in progress. Can I file my new 140 & 485 concurrently and port the old dates immediately after new labor is approved.

4) I have only I-140 approval copy and nothing else. Is that enough for porting dates to new.

I appreciate your help in advance for answering these questions.

Thanks Manoj

[manojkk]

Can somebody please reply to my post

[redgreenbluee]

please consult a lawyer.

priority date is ported during I-140 stage. you will need to attach a copy of your approved I-140 in your new I-140 application packet to port PD.

when you do H1 transfer, you will probably get H1 until 12/2012.

you can file I-485 when PD becomes current, but only if the permanent position offered by your current employer remains open for you and you will need to move back and work for your current employer once I-485 gets approved.

Originally posted by manojkk:

Hi Guys,

I have my EB2 140 approved with PD 23rd-SEP-2007 but couldn't file for 485 and my dates never became current. After waiting for so long with my employer now I got the opportunity of better offer from my direct vendor and he is ready to file my GC right away. I know that I can use my old priority dates as my old employer shouldn't revoke the 140. My question are:

1) What time my old priority dates will be ported? is that while filing new 140 or 485.

2) I have my 6 years completed on h1 and got already one 3 years extension based on 140 which is expiring on 31st-Dec-2012. How long would I get the h1 extension for when my new employer files for h1 transfer.

3) My priority dates may become current while my new labor in progress. Can I file my new 140 & 485 concurrently and port the old dates immediately after new labor is approved.

4) I have only I-140 approval copy and nothing else. Is that enough for porting dates to new.

I appreciate your help in advance for answering these questions.

Thanks Manoj

[BestCons]

Hi ,

My best suggestion is stick with your employer for couple of months with your employer..YOur almost there it wont take much time..Anything can happen in new process.Better to stay (My personal Opinion)

[infiniti7]

Why mess around when you know the date might get current anytime soon??

I wish you the very best and hope everything works out for you but consider the following once:

LOOK BEFORE YOU LEAP

Any of the following can happen

1) RFE on H1b transfer due to incorrect wages, LCA, documentation

2) RFE on Labor which can take months to years

3) RFE on 140

I suggest f the vendor, get ur GC and move wherever you want to.