Basic I -140 question

[Rasna1]

Guys,

I have an approved I-140 from my mestri employer and the priority date is - let’s  suppose - Aug 2011.

Now, let’s suppose I get a full time offer from another good company and I plan to move there. So obviously kotha full time employer has to start Labour and I -140 process again and the new employer started the process.

Now, thatha punyama ani if the priority date moved to Aug 2011 - what is my situation.

Atu itu kakunda aipothana? Or am I eligible for next steps.

i am on EB 2.

Already ee question adigi undachu - but still Telsina  Vallu kuncham cheppi punyam kattukondi.

thank you in advance  🙏🏻

 

 

[tacobell fan]

15 minutes ago, Rasna1 said:

Atu itu kakunda aipothana?

Yes pothav, unless new employer filed your labor and port the date you don't have an employer to file I-485 so you can't do anything. If your old employer retain the I-140 without revoking you can immediately file I-485 through him but I really doubt he keep it alive.

[Mitron]

1 minute ago, tacobell fan said:

Yes pothav, unless new employer filed your labor and port the date you don't have an employer to file I-485 so you can't do anything. If your old employer retain the I-140 without revoking you can immediately file I-485 through him but I really doubt he keep it alive.

i140 after 6 months post approval revoke cheyyaleru rule vahcindi ga

[snoww]

Quote

Now, thatha punyama ani if the priority date moved to Aug 2011 - what is my situation.

First of all forget about 2011 date in EB2 becoming current in near future. 2010 cross avvataanike it will take more than 5 years. 

And even if it does by miracle , you have to wait till your new employer files labor/perm and it gets approved, After that you can file for 140 and 485 simultaneously. 

[perugu_vada]

17 minutes ago, tacobell fan said:

Yes pothav, unless new employer filed your labor and port the date you don't have an employer to file I-485 so you can't do anything. If your old employer retain the I-140 without revoking you can immediately file I-485 through him but I really doubt he keep it alive.

Ipudu revoke cheyaleru ga uncle  6-months aithe post i140 approval

[tacobell fan]

18 minutes ago, Mitron said:

i140 after 6 months post approval revoke cheyyaleru rule vahcindi ga

 

2 minutes ago, perugu_vada said:

Ipudu revoke cheyaleru ga uncle  6-months aithe post i140 approval

this is most common question. Employer cannot revoke your PD but he can withdraw the petition. I-140 is a employer petition that he is supporting this future employee and they can do it anytime. After 6 months they cannot revoke your PD. 

[perugu_vada]

1 minute ago, tacobell fan said:

 

this is most common question. Employer cannot revoke your PD but he can withdraw the petition. I-140 is a employer petition that he is supporting this future employee and they can do it anytime. After 6 months they cannot revoke your PD. 

Oh ok, so incase threadstarter valla client PD port cheskokapothe assame, keeping in mind his previous employer has revoked PD  

[tacobell fan]

Just now, perugu_vada said:

Oh ok, so incase threadstarter valla client PD port cheskokapothe assame, keeping in mind his previous employer has revoked PD  

PD untadhi, ineligible to file I-485 in case dates become current. 

[user789]

12 minutes ago, tacobell fan said:

 

this is most common question. Employer cannot revoke your PD but he can withdraw the petition. I-140 is a employer petition that he is supporting this future employee and they can do it anytime. After 6 months they cannot revoke your PD. 

Let's say old employer withdraws and if current employer still hasn't file or just filed for PERM then can the employee go back to previous employer(obviously he needs to h1-b transfer) but should old employer go through whole process again(prevailing wages, perm, I-140) ?

[tacobell fan]

25 minutes ago, user789 said:

Let's say old employer withdraws and if current employer still hasn't file or just filed for PERM then can the employee go back to previous employer(obviously he needs to h1-b transfer) but should old employer go through whole process again(prevailing wages, perm, I-140) ?

Yes, once even if you go back to old employer after it was withdrawn he has to go through the cycle i.e (Labor + I-140) filing. 

[Rasna1]

1 hour ago, tacobell fan said:

Yes pothav, unless new employer filed your labor and port the date you don't have an employer to file I-485 so you can't do anything. 

I agree with what u said. Employer ee lenidi I-485 file ela chestam. So Assam aitham ala aithe.. good to know.. 

the problem that we are not seeing this scenario at all is that asalu dates ee mundu pothale, anduke regular janalu employers marina ee situation eduru aithale

thank u @tacobell fan

 

[Rasna1]

1 hour ago, tacobell fan said:

 

this is most common question. Employer cannot revoke your PD but he can withdraw the petition. I-140 is a employer petition that he is supporting this future employee and they can do it anytime. After 6 months they cannot revoke your PD. 

hmm - ee clause edo dheerganga parisilinchali... coz what we know is - previouslt the employers used to revoke the I-140 when they moved out, but ippudu more than 6 months unte iga revoke cheyaleru ani chadiva.. but ee PD revoke cheyarleru anedi kothaga undi - anways thank u for the info.. 

 

[tacobell fan]

1 minute ago, Rasna1 said:

the problem that we are not seeing this scenario at all is that asalu dates ee mundu pothale, anduke regular janalu employers marina ee situation eduru aithale

Yes. Dates move aithe they would be in soup 

[Rasna1]

30 minutes ago, tacobell fan said:

Yes, once even if you go back to old employer after it was withdrawn he has to go through the cycle i.e (Labor + I-140) filing. 

ee motham Labour + 140 filing - alag Sava 10gudu undi - denemma. motham process complete kadaniki malli oka 3 years padthadi

[tacobell fan]

Just now, Rasna1 said:

ee motham Labour + 140 filing - alag Sava 10gudu undi - denemma. motham process complete kadaniki malli oka 3 years padthadi

Nee luck bagunte labor 3 months lo approve ayyi I-140 premium to apply chesi two days lo approval techukovochu if your employer listens as per you.