I-140 porting, requirements, risks

[nainaagarwal]

Hello,

 

I'm currently on H1B with employer A (3rd year of the 1st approved H1B which is expiring in Nov 2015). I'm working on a client project through Company A and now the client wants me to be full time at their company and the client is ready to file my GC process immediately as soon as i turn Full time with them.

Company A filled my PERM in July 2013 in EB2 as I'm an MBA from a US university. I got my PERM approved (Feb 2015) In 1year 8months with an audit in 2014. Company A is filing for my I140 in May 2015. Client is ready to wait for my I-140 approval from employer A so they can port my PD date once they file my GC. Here are some of my questions:

 

1. Company A has shown my wage on PERM as $76,000 and my 2014 H1B W2 shows $71,000. Does this impact my I-140 ?

 

2. Company A said that my Month-to-year salary should be at least $76000/4= $19000 from Jan 2015- April 2015 in my paystubs (since they are filling in May2015). Currently, it is more than $19000 so company A said I should have no problem with getting I-140 approval. Is this a correct assumption?

 

3. I'm an MBA from a US university and I'm working as a Business analyst in a IT department of a financial company. Does this pose any threat to my I-140 due to degree and work not matching?

 

4. Do you suggest getting I-140 premium or regular processing? does premium processing increase the chances of RFE and denials?

 

5. If my I140 is approved by December 2015, how soon can I change my employer without losing the I-140 PD?

 

6. If Employer A finds out about me leaving his company and revokes/withdraws my I-140, will I still be able to retain my PD from the revoked I-140?

 

5. what if the I-140 is revoked/withdrawn by employer A before Employer B files for GC?

 

6. what documents will I need from Employer A in order to give to employer B with regards to filling PERM and porting I-140 date?

 

7. what happens if employer A doesn't want to provide original approved PERM and I-140? is there a way I can get it from USCIS or DOL?

 

8. How can I know what the original job requirement in PERM was through employer A for my GC filling in EB2 category?

 

9. I'm currently on a  Business analyst position at client (employer B). In order to file GC in EB2, does the employer B have to file with the same or similar job requirement as employer A did or can the new employer B also file if I take a manager position?

 

10. Can I take a promotion at employer B while employer B is doing my GC process? how does that impact the GC process?

 

11. what happens if Employer A doesn't provide experience letters for employer B?

 

12. In order to file as EB2 , does employer B have to mention in job requirements for a Masters degree requirement or can they write 'Its desired' and this would also qualify me into EB2?

 

13. If employer B file my GC for a business analyst (same job position as employer A), can employer B use the old PERM (filed by employer A) or would they still need to start the GC process all over again with a new PERM and I-140 but port the I-140 date?

 

Thanks a lot in advance

 

Naina

[dkumar]

It seems your thinking too much. Just concentrate on your job and your attorney will handle all the things. Instead spending time to write whole big thing, if you would read 2 pages on this forum you would have got all the answers. 

[vincentanand]

I would suggest you to wait till getting your I140 approved and then change to new employer. Even though your current employer revokes it in future, you can still recapture old priority date. Assuming current executive order from Obama on Nov 2014, there is a big chance that anyone who holds approved I140, may become eligible to get EAD this year iteslf. So it is important to get your I140 approved at this point.

[nainaagarwal]

It seems your thinking too much. Just concentrate on your job and your attorney will handle all the things. Instead spending time to write whole big thing, if you would read 2 pages on this forum you would have got all the answers. 

I'd appreciate if you can respond positively rather than commenting on me overthinking. Thanks for spending the time to write 2lines of response. I can very well read other responses on the forum. Thanks.

[nainaagarwal]

I would suggest you to wait till getting your I140 approved and then change to new employer. Even though your current employer revokes it in future, you can still recapture old priority date. Assuming current executive order from Obama on Nov 2014, there is a big chance that anyone who holds approved I140, may become eligible to get EAD this year iteslf. So it is important to get your I140 approved at this point.

Thanks

[JoeF]

I'd appreciate if you can respond positively rather than commenting on me overthinking. Thanks for spending the time to write 2lines of response. I can very well read other responses on the forum. Thanks.

 

Then please do so.

Your post is way too long. We are all volunteering here. A short post that is to the point would give you lots more answers.

In short, tl;dr. Look it up if you don't know what it means.