I140 carry avuthada or re apply

[Amrita]

1 minute ago, Chinna_123 said:

Bro position change ante how are the responsibilities changed? Like java developer to sr java developer?

ela java developer to sr java developer iythe h1 kuda amendment cheyala? If increase in pay unte?

Jr to Sr akkarledu but SOC code change ayite cheyali as far as i know.

[Chinna_123]

4 minutes ago, Amrita said:

Jr to Sr akkarledu but SOC code change ayite cheyali as far as i know.

Ok thanks bro

[Spartan]

1 hour ago, Chinna_123 said:

Bro position change ante how are the responsibilities changed? Like java developer to sr java developer?

ela java developer to sr java developer iythe h1 kuda amendment cheyala? If increase in pay unte?

Java Developer to DevOps.

or QA to Manager kinda changes. 

[Spartan]

1 hour ago, AndhraneedSCS said:

promotion teesukunna malli cheyyala?  Logical progression ani cheppavachu annaru ma company attorney 

day to day work lo atleast 40% changes unte u need to do. 

[JAMBALHOT_RAJA]

2 hours ago, Amrita said:

Are you saying you wont start GC with new company post 6 yrs if you are no more with old employer with whom you have i-140 ? you are talking about 10-15 yrs after if PD has to be current. I don't know how you can manage this. 

Labor always doesnt take 3 months. It took 1.5 yrs for me.  It depends on immigration chaos at that timing too. I-140 1 yr pattina vallu unnaru. Madhyalo i-140 ki premium tesesaru and malla pettaru.  Queries padachu .Its not so easy. Ila cheyagaligithe why people start GC again with new companies? 

I’m saying we can start gc process 2 yrs prior to current. No need to start as soon as you change your emoloyer 

[alpachinao]

On 7/2/2018 at 11:09 PM, JAMBALHOT_RAJA said:

I’m saying we can start gc process 2 yrs prior to current. No need to start as soon as you change your emoloyer 

Old company 140 revoke ayithey?

[JAMBALHOT_RAJA]

25 minutes ago, alpachinao said:

Old company 140 revoke ayithey?

As per new rule after 6 months revoke cheyaleru kada 

[alpachinao]

1 minute ago, JAMBALHOT_RAJA said:

As per new rule after 6 months revoke cheyaleru kada 

K

[JAMBALHOT_RAJA]

Just now, alpachinao said:

K

Inkenti mari 

[shootme10]

Bhayyas naadhi kind of same situation. 

oka 10 days avutundhi 140 approve ayyi.

client gaadu one year nunchi waiting FT ki teesukundam ani. Gc start chesa current employer tho 140 approve avagane join avutha ani cheppa last year. vaddu prathi month status aduguthu unde, ika ipudu join avakapothe ee FT biscuit avutundhi ani join avudam ani choosthunna.

so ipudu 6 months kante munde join ayithe maa desi employer might revoke 140 with him.. naaku vache complications ento konchem chepandi ee kotha rule tho.. i am in edge of 5th year on h1b.

[bruce1234]

19 hours ago, shootme10 said:

Bhayyas naadhi kind of same situation. 

oka 10 days avutundhi 140 approve ayyi.

client gaadu one year nunchi waiting FT ki teesukundam ani. Gc start chesa current employer tho 140 approve avagane join avutha ani cheppa last year. vaddu prathi month status aduguthu unde, ika ipudu join avakapothe ee FT biscuit avutundhi ani join avudam ani choosthunna.

so ipudu 6 months kante munde join ayithe maa desi employer might revoke 140 with him.. naaku vache complications ento konchem chepandi ee kotha rule tho.. i am in edge of 5th year on h1b.

Kotha employer ni normal process ingg lo eeh1b file cheyyamani cheppu...and until you get approval from new employer....don't join the new employer ...

Rfe emina vasthey ....6 months avthadi...meanwhile you will cross 6 months of i140 with current employer...

[srdh21]

On 7/2/2018 at 7:47 PM, usetime63 said:

Hi guys,

Nenu company marudam ane thinking , na previous i140 tho future lo 485 apply cheyocha( date current aytey) or re apply cheyala from starting with new company.

New rule prakaram, previous doc use cheyochu , no need to re start the process ane evaro annaru, want to see if thats true.

 

Thanks 

140 approval is specific to a particular job with a company, there is no such thing as carrying over this petition to another company

140 approval lo immigrant ki vache benefits entanta, H1 approval beyond 6 yrs based AC21 act, this is based on the assumption that there is a company that is sponsoring your permanent immigrant petition and you should no longer be treated as Non Immigrant part of H1B criteria

previously, approval from company A cannot be used to extend H1b beyond 6 yrs, now your company B can request for extension beyond 6 yrs based on approval from Comp A, this is only meant for extending H1

if you have to file 485, you cannot file 485 through Comp B using 140 from Comp A, you need to have labor and 140 approval from Comp B

it gives some relief to move between companies, but not avoid

[srdh21]

20 hours ago, shootme10 said:

Bhayyas naadhi kind of same situation. 

oka 10 days avutundhi 140 approve ayyi.

client gaadu one year nunchi waiting FT ki teesukundam ani. Gc start chesa current employer tho 140 approve avagane join avutha ani cheppa last year. vaddu prathi month status aduguthu unde, ika ipudu join avakapothe ee FT biscuit avutundhi ani join avudam ani choosthunna.

so ipudu 6 months kante munde join ayithe maa desi employer might revoke 140 with him.. naaku vache complications ento konchem chepandi ee kotha rule tho.. i am in edge of 5th year on h1b.

assuming your labor will be approved within the next 6 months.. you should be eligible for 1 yr extensions based on approved labor with your new employer

the issue here is if you past employer cancels 140 before your new 140 is approved, your Priority date may not be ported to new 140, thereby losing you date you have initially

only option is request your desi employer not to cancel 140,  try to convince him saying thatg you are only changing company in short term and you will be back to his company within the next 1 yr ani maintain cheyi..you are changing only due to lack of other option in consulting and due to client forcing to FT

[shootme10]

 

On 7/5/2018 at 8:05 AM, srdh21 said:

assuming your labor will be approved within the next 6 months.. you should be eligible for 1 yr extensions based on approved labor with your new employer

the issue here is if you past employer cancels 140 before your new 140 is approved, your Priority date may not be ported to new 140, thereby losing you date you have initially

only option is request your desi employer not to cancel 140,  try to convince him saying thatg you are only changing company in short term and you will be back to his company within the next 1 yr ani maintain cheyi..you are changing only due to lack of other option in consulting and due to client forcing to FT

I saw this post in one of the law forum and it says even if  employer does revoke 140 before 180 days, PD can be still retained. can you confirm if its true below.

https://www.lawbench.com/employment-based-green-card/52357/priority-date-portability-if-i140-is

 

Priority date portability if I140 is revoked
Posted: 25 Jun 2018

1) My i140 has been approved 3 months back from my current employer. If I change over to a new employer and if my old employer revokes my approved i140, would I be able to retain my priority date? If not, under what scenario will I be able to port my priority date? Also, if my approved i140 is revoked from my previous employer, will I be eligible for applying h1 extension beyond 6 years even though the new employer does not start my Green Card (labour) process?

User's Location: Madison, Wisconsin, United States of America

Category: Employment-based Green Card

Answer 
Posted: 25 Jun 2018

You still retain your priority date if your old employer withdraws the I-140. However, you would not continue to be eligible for post-sixth year H-1B extensions if the employer withdraws the I-140 less than 180 days after approval.

Noah Klug
Immigration Lawyer
Klug Law Firm
646-481-6087
https://www.klugfirm.com

 

 

[masakali]

On 7/5/2018 at 4:48 AM, srdh21 said:

140 approval is specific to a particular job with a company, there is no such thing as carrying over this petition to another company

140 approval lo immigrant ki vache benefits entanta, H1 approval beyond 6 yrs based AC21 act, this is based on the assumption that there is a company that is sponsoring your permanent immigrant petition and you should no longer be treated as Non Immigrant part of H1B criteria

previously, approval from company A cannot be used to extend H1b beyond 6 yrs, now your company B can request for extension beyond 6 yrs based on approval from Comp A, this is only meant for extending H1

if you have to file 485, you cannot file 485 through Comp B using 140 from Comp A, you need to have labor and 140 approval from Comp B

it gives some relief to move between companies, but not avoid

Antha correct ee, but just forgot to mention the recent rule of "Employers cannot revoke I 140 petition after 180days of approval " 

This is the only change which happened recently, so your new employer has some time to start your GC in other words