Gc General Questions

[ajay0245]

GC process lo I 140 step approve Ayaka

1. I 485 Entha time paduthundhi approve avadaniki, can we switch employers easily at that time (485 approve Ayaka). Employee ee apply cheyala 485 and what is he process.

2. EAD ravadam ante mana date current avadamena?

3. Can we switch employers with only labor approval, aa date still retain cheyocha new employer GC petition lo?

4. 140 approve ayaka minimum time emayina vundala employer tho, before switching employers.

5. If previous employer cancels my approved 140 after changing, will this affect in the current employer GC process regarding priority date.

6. Suppose if I have an approved 140, and plan to switch employer in 5th or 6th year of H1B (or in extension period after 6 years of H1). Will there be any issues in my status or in GC process.

 

7. labor apply chesina date - is this priority date?

Can you pls give some info.

[Amala]

After 6 months u can anukunta.. Anyway ltt for experts

[mindless]

lol.. inthaku nuvvu ye stage lo unnav?

[ajay0245]

lol.. inthaku nuvvu ye stage lo unnav?

labor apply chsaru

[mindless]

labor apply chsaru

 

lol.. then why do you worry about EAD and 485.... its long way to go... ee lopala enno changes jaragochu.....

 

Labor approve ayina date nunchi counting...

[YeddiBK]

GC process lo I 140 step approve Ayaka

1. I 485 Entha time paduthundhi approve avadaniki, can we switch employers easily at that time (485 approve Ayaka). Employee ee apply cheyala 485 and what is he process. --- 2 months min; yes maname chesukovali 485, hire attorney for this.

2. EAD ravadam ante mana date current avadamena? -- correct

3. Can we switch employers with only labor approval, aa date still retain cheyocha new employer GC petition lo? --- No, at least 140 approve avvali, labor date port cheyyalemu

4. 140 approve ayaka minimum time emayina vundala employer tho, before switching employers. --- No

5. If previous employer cancels my approved 140 after changing, will this affect in the current employer GC process regarding priority date. --- Yes, if previous employer cancels 140, you cannot port that date anymore. But, employers generally don't do that unless they have grudge on you.

6. Suppose if I have an approved 140, and plan to switch employer in 5th or 6th year of H1B (or in extension period after 6 years of H1). Will there be any issues in my status or in GC process. --- No issues, in best case you will get 3 yr extension

 

7. labor apply chesina date - is this priority date? --- Yes, now it is called PERM

Can you pls give some info.

 

[ajay0245]

 

 Thank you very much for the info :)

[k2s]

GC process lo I 140 step approve Ayaka

1. I 485 Entha time paduthundhi approve avadaniki, can we switch employers easily at that time (485 approve Ayaka). Employee ee apply cheyala 485 and what is he process.

2. EAD ravadam ante mana date current avadamena?

3. Can we switch employers with only labor approval, aa date still retain cheyocha new employer GC petition lo?

4. 140 approve ayaka minimum time emayina vundala employer tho, before switching employers.

5. If previous employer cancels my approved 140 after changing, will this affect in the current employer GC process regarding priority date.

6. Suppose if I have an approved 140, and plan to switch employer in 5th or 6th year of H1B (or in extension period after 6 years of H1). Will there be any issues in my status or in GC process.

 

7. labor apply chesina date - is this priority date?

Can you pls give some info.

nee istam ochindi cheyyochu man

[Maximus]

nee istam ochindi cheyyochu man

yaa

[dotnetrockz]

That 5th answer us wrong employer can only "withdraw" the petition and u can still retain the PD abd leave alone grudge no employer will like to keep a petition open when the employee is not working for him he has to face audit inquirys to show proof that said employee job is still active and why his petition hasnt been withdrawn tough from emp pov most of them withdraw

[dotnetrockz]

@ts 6th q

As long as ur i-140 petition is active you qualify for a 3 year h1b extension if for suppose you changed employer in 6th year using current emp i-140 u get a 3 year extension

Meanwhile ur old emp withdraws ur i140 u will still continue on ur 3 year extension with new employer but to further extend that u need to have a approved i140 with ur new emp orbto transfer to a new employer

Note: this doesnt negatively effect ur GC priority date it only effects H1B

[YeddiBK]

That 5th answer us wrong employer can only "withdraw" the petition and u can still retain the PD abd leave alone grudge no employer will like to keep a petition open when the employee is not working for him he has to face audit inquirys to show proof that said employee job is still active and why his petition hasnt been withdrawn tough from emp pov most of them withdraw

hmm, as per my knowledge there will be no inquiries or audits AFTER 140 is approved. After 140 approval its just waiting for so-called "Visa" availability meaning Immigrant Visa, which is popularly known as EAD dates becoming current in our language. I haven't heard of one case where employer withdrew 140 even though the relation is not so great. I know couple of close friends.

And I am pretty sure once the 140 is withdrawn by employer you don't have that PD anymore, unless your 140 porting process is already on their desk.

[dotnetrockz]

hmm, as per my knowledge there will be no inquiries or audits AFTER 140 is approved. After 140 approval its just waiting for so-called "Visa" availability meaning Immigrant Visa, which is popularly known as EAD dates becoming current in our language. And I am pretty sure once the 140 is withdrawn by employer you don't have that PD anymore, unless your 140 porting process is already on their desk.

well there is no rule book as such but this is what i read and learnt from attorneys web articles they only mentioned if uscis revokes it due to fraud detected in ur i-140 its the only case where ur i-140 becomes void and cannot use that date.

And by audit i meant it's for future immigrant petitions submitted by the employer not on the one where the emp left the company

[YeddiBK]

well there is no rule book as such but this is what i read and learnt from attorneys web articles they only mentioned if uscis revokes it due to fraud detected in ur i-140 its the only case where ur i-140 becomes void and cannot use that date.

And by audit i meant it's for future immigrant petitions submitted by the employer not on the one where the emp left the company

I need to check more on porting of date even after 140 is withdrawn. But with my experience looking at my close people I can say employers particularly desi employers doesn't withdraw 140s. EB GC process itself is future employment based, each step is for future employment, so it makes sense that 140 can be active even though the candidate is not currently employed with him. You know, you can file a PERM and then 140 with another company ?

[dotnetrockz]

I need to check more on porting of date even after 140 is withdrawn. But with my experience looking at my close people I can say employers particularly desi employers doesn't withdraw 140s. EB GC process itself is future employment based, each step is for future employment, so it makes sense that 140 can be active even though the candidate is not currently employed with him. You know, you can file a PERM and then 140 with another company ?

Yup i do know but the process is not transparent as it looks too many glitches

But i trust you maybe you might have seen real cases