saswaj Posted September 8, 2015 Report Posted September 8, 2015 Hi I am working for company called A on H1-B status (Valid Till 10/2017) and my Green Card - PERM\Labor applied through company B and it is currently approved. In order to proceed with I-140, Is it mandate to have my H1-B transferred to Company B and have couple of paychecks and then apply for I-140? What will be correct plan of action based on the above status? Appreciate your needful inputs. Thanking you in advance.
rahul412 Posted September 8, 2015 Report Posted September 8, 2015 GC is for future employment that means you will be working for that employer in FUTURE. So it doesn't matter whether you are working for that employer currently or not.
saswaj Posted October 6, 2015 Author Report Posted October 6, 2015 Thanks rahul for the reply. I came here in July, 2011 on L1-B, and converted to H1-B under employer A. Please advise on below asks. 1. I should be eligible to stay in US for 6 years or 7 years? If 6 years, July 2017 will be my last month of stay in USA if I dont proceed with I-140 process on my labor approval? 2. If I am proceeding with approved I-140 with Company B, how many years will be added to my stay of duration in USA?3. If I have approved I-140 with company B, and I got a chance or very good offer with Comapny C and I will have to join that company by Dec, 2015. What about my approved labor & I-140 petition? Does this effect my stay in USA?Kindly advise. Thanking you in advance for providing the needful information. Regards, Dileep
rahul412 Posted October 7, 2015 Report Posted October 7, 2015 By the end of your 6 yrs of working status you should have approved I140 for H1 approval. You cant get your H1 ext till you get your GC based on I140 approval.
saswaj Posted November 2, 2015 Author Report Posted November 2, 2015 Thanks Rahul. I was little confused with your statement to co-relate to my 3rd ask. So, you mean to say If I have approved labor & I-140 with company B, but if I get very good offer with Company C, I can port the previous labor priority date ported to the new GC labor which will be done by new Company C and I140 needs to be approved before completion of my 6 year limit else I will have to vacate USA? Please correct me if my understanding is not as per your statement.
rahul412 Posted November 3, 2015 Report Posted November 3, 2015 If I have approved labor & I-140 with company B, but if I get very good offer with Company C, I can port the previous labor priority date ported to the new GC labor which will be done by new Company C and I140 needs to be approved before completion of my 6 year limit else I will have to vacate USA? You can port your PD, but for H1 ext beyond 6 yrs you should have a valid I140 at the time of filing your H1.
saswaj Posted November 6, 2015 Author Report Posted November 6, 2015 Thanks rahul, so based on your update it doesn't matter whether approved I140 with company B or Company C, all I need to have a approved I140 by that time? correct?
rahul412 Posted November 6, 2015 Report Posted November 6, 2015 Thanks rahul, so based on your update it doesn't matter whether approved I140 with company B or Company C, all I need to have a approved I140 by that time? correct? Yes. bcos I140 is for future employment so it doesn't matter if its not from your current employer.
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