Should I or Shouldn't I reapply is the question
Jan 28th 2006, 6:26 am
#1
Guest
Posts: n/a
Should I or Shouldn't I reapply is the question
Hi All,
I am in a dilemma and wanted some advice.
I filed for Permanent Residency in Aug of 2004 and since then as you
all might now the case has been stacked up in Philadelphia Backlog
Center.
I am wondering Whether I should re file with PERM or not.
One of my concerns is that now I perform a very different job
description than before ( Aug 2004) and the new application may not be
able
to maintain the same original date as the previous one.
Hopeing all goes well.
I might get the DOL approval sooner if I apply via PERM but I hear that
UCIS processes application based on Original date and this would affect
my case (new PERM) to be considered at a later time.
The are some Perks I guess of getting my DOL approval sooner ; of which
I am not sure of.
If you all know of any please inform ?
Another twist to my story is that my company is not in good shape so I
have a query that
after the DOL approval and filling for I 485 what happend if the
company has to lay off people to suatin itself.
And I am one of them.
What happend to my case then ?
All and any advice is higly appreciated.
Thanks
I am in a dilemma and wanted some advice.
I filed for Permanent Residency in Aug of 2004 and since then as you
all might now the case has been stacked up in Philadelphia Backlog
Center.
I am wondering Whether I should re file with PERM or not.
One of my concerns is that now I perform a very different job
description than before ( Aug 2004) and the new application may not be
able
to maintain the same original date as the previous one.
Hopeing all goes well.
I might get the DOL approval sooner if I apply via PERM but I hear that
UCIS processes application based on Original date and this would affect
my case (new PERM) to be considered at a later time.
The are some Perks I guess of getting my DOL approval sooner ; of which
I am not sure of.
If you all know of any please inform ?
Another twist to my story is that my company is not in good shape so I
have a query that
after the DOL approval and filling for I 485 what happend if the
company has to lay off people to suatin itself.
And I am one of them.
What happend to my case then ?
All and any advice is higly appreciated.
Thanks
Jan 28th 2006, 10:51 pm
#2
Guest
Posts: n/a
Re: Should I or Shouldn't I reapply is the question
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Shyam Madhavan wrote:
> Hi All,
> I am in a dilemma and wanted some advice.
> I filed for Permanent Residency in Aug of 2004 and since then as you
> all might now the case has been stacked up in Philadelphia Backlog
> Center.
> I am wondering Whether I should re file with PERM or not.
> One of my concerns is that now I perform a very different job
> description than before ( Aug 2004) and the new application may not be
> able to maintain the same original date as the previous one.
If your job is going to be very different, your old Labor Certification
unfortunately becomes moot. However, it still has one value, namely to
establish your priority date. For that reason, you should have your
employer continue the old Labor Certification anyway, and in addition
file a new one based on PERM.
Do discuss this with your immigration attorney first, of course.
> Hopeing all goes well.
> I might get the DOL approval sooner if I apply via PERM but I hear that
> UCIS processes application based on Original date and this would affect
> my case (new PERM) to be considered at a later time.
I think I know what you are referring to, but that's not really how it
works.
Basically, there are two things at work here. First are the processing
times. You are right, PERM is much faster. After that, you employer
would file the petition (I-140). The processing time for that has
(almost) nothing to do with when the LC was filed. Finally, you get to
file for adjustment of status. When you can do that depends on two
separate things:
- - Your I-140 must have been at least filed. You can file both at the
same time, as long as the other criteria are met.
- - Your priority date must be current.
The priority date has to do with the quota, and that is probably what
you had in mind with your statement. Your priority date is the date the
first LC was filed, as long as your employer gets it approved and files
an I-140 for it. This is why I recommended keeping the original LC. It
is *not* required that this be the job you actually use eventually.
If you were still working in the same job, there would also be a way to
convert the LC to PERM, keep the original date and still get the faster
processing. As it is, though, you should simply get a second PERM LC.
> The are some Perks I guess of getting my DOL approval sooner ; of which
> I am not sure of.
> If you all know of any please inform ?
>
> Another twist to my story is that my company is not in good shape so I
> have a query that
> after the DOL approval and filling for I 485 what happend if the
> company has to lay off people to suatin itself.
> And I am one of them.
> What happend to my case then ?
It depends. First of all, remember that you may or may not be able to
file an I-485 right away because of the quota. If you can file, you can
find another job in the same field after 180 days.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without any
legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Shyam Madhavan wrote:
> Hi All,
> I am in a dilemma and wanted some advice.
> I filed for Permanent Residency in Aug of 2004 and since then as you
> all might now the case has been stacked up in Philadelphia Backlog
> Center.
> I am wondering Whether I should re file with PERM or not.
> One of my concerns is that now I perform a very different job
> description than before ( Aug 2004) and the new application may not be
> able to maintain the same original date as the previous one.
If your job is going to be very different, your old Labor Certification
unfortunately becomes moot. However, it still has one value, namely to
establish your priority date. For that reason, you should have your
employer continue the old Labor Certification anyway, and in addition
file a new one based on PERM.
Do discuss this with your immigration attorney first, of course.
> Hopeing all goes well.
> I might get the DOL approval sooner if I apply via PERM but I hear that
> UCIS processes application based on Original date and this would affect
> my case (new PERM) to be considered at a later time.
I think I know what you are referring to, but that's not really how it
works.
Basically, there are two things at work here. First are the processing
times. You are right, PERM is much faster. After that, you employer
would file the petition (I-140). The processing time for that has
(almost) nothing to do with when the LC was filed. Finally, you get to
file for adjustment of status. When you can do that depends on two
separate things:
- - Your I-140 must have been at least filed. You can file both at the
same time, as long as the other criteria are met.
- - Your priority date must be current.
The priority date has to do with the quota, and that is probably what
you had in mind with your statement. Your priority date is the date the
first LC was filed, as long as your employer gets it approved and files
an I-140 for it. This is why I recommended keeping the original LC. It
is *not* required that this be the job you actually use eventually.
If you were still working in the same job, there would also be a way to
convert the LC to PERM, keep the original date and still get the faster
processing. As it is, though, you should simply get a second PERM LC.
> The are some Perks I guess of getting my DOL approval sooner ; of which
> I am not sure of.
> If you all know of any please inform ?
>
> Another twist to my story is that my company is not in good shape so I
> have a query that
> after the DOL approval and filling for I 485 what happend if the
> company has to lay off people to suatin itself.
> And I am one of them.
> What happend to my case then ?
It depends. First of all, remember that you may or may not be able to
file an I-485 right away because of the quota. If you can file, you can
find another job in the same field after 180 days.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without any
legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Jan 29th 2006, 2:14 am
#3
Guest
Posts: n/a
Re: Should I or Shouldn't I reapply is the question
Hi Kevin,
Thank you so much for your response.
Very Very helpful.
But it also led me to further questions.
After the LC as you mentioned one has to file for
the I-140 and can also file I-485 simuntaneously.
And you mentioned that priority date depends on the quota.
I will probbaly be filing under EB3 and I am from India.
Could you please let me know how long the average time for processing
takes
based on the quota ( considering a I have filed a new PERM case in
MArch 2006 and one based on Aug 2004).
The Reason I ask is beacuse if the wait is too long and during this
period I loose
my job then what happens to my case?
I know if you are able to file I-485 then you can chnage jobs in 180
days.
But what if the quota is too long ( years) and the company seize to
exsist may be the reason that might lead me to keep the original LC.
Thanks again , you have been a great help.
Thank you so much for your response.
Very Very helpful.
But it also led me to further questions.
After the LC as you mentioned one has to file for
the I-140 and can also file I-485 simuntaneously.
And you mentioned that priority date depends on the quota.
I will probbaly be filing under EB3 and I am from India.
Could you please let me know how long the average time for processing
takes
based on the quota ( considering a I have filed a new PERM case in
MArch 2006 and one based on Aug 2004).
The Reason I ask is beacuse if the wait is too long and during this
period I loose
my job then what happens to my case?
I know if you are able to file I-485 then you can chnage jobs in 180
days.
But what if the quota is too long ( years) and the company seize to
exsist may be the reason that might lead me to keep the original LC.
Thanks again , you have been a great help.
Jan 30th 2006, 4:27 am
#4
Guest
Posts: n/a
Re: Should I or Shouldn't I reapply is the question
Hi kevin ,
Thanks again for the informative suggestion.
One thing that I got me a bit heartened ( especially after seeing the
2010 and 2015) date
is that my wife is Romanian. And if I undertand that correctly I can
file it under her country. Do you by any chance know the quota wait for
Romania ( knowing that I am getting my GC thru employment based EB3).
Thanks again.
You have been a great help.
Thanks again for the informative suggestion.
One thing that I got me a bit heartened ( especially after seeing the
2010 and 2015) date
is that my wife is Romanian. And if I undertand that correctly I can
file it under her country. Do you by any chance know the quota wait for
Romania ( knowing that I am getting my GC thru employment based EB3).
Thanks again.
You have been a great help.
Jan 30th 2006, 11:23 pm
#5
Guest
Posts: n/a
Re: Should I or Shouldn't I reapply is the question
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You are right, you would be allowed to use the Romania quota (assuming
that your wife was born there; her citizenship is irrelevant).
Romania falls under the worldwide quota. It is extremely difficult to
make predictions, especially when they are about the future (with
apologies to Mark Twain).
Here is the situation: If memory serves me right, you are an EB-3.
The current priority date for India is January 1, 2000.
The current priority date for Romania (and worldwide) is April 22, 2001.
This means that people who applied before 2000, or before April 2001,
respectively, are eligible to receive a Green Card now.
For India, this means those people have been waiting for about six
years. However, since then, the number of people who applied was most
likely consistently quite a bit higher than the quota. That is how I
arrived at the 6 to 11 years - again, it really is just an educated
guess, since I do not actually know how many people applied between 2000
and 2004 (your priority date from the first LC).
With Romania, the situation seems slightly more relaxed, but not by all
that much. My guess is that it will be approximately two to three years
earlier.
The one thing that is a near certainty (unless laws are changed) is that
the priority date for Romania will be current before the one for India.
Shyam Madhavan wrote:
> Hi kevin ,
> Thanks again for the informative suggestion.
> One thing that I got me a bit heartened ( especially after seeing the
> 2010 and 2015) date
> is that my wife is Romanian. And if I undertand that correctly I can
> file it under her country. Do you by any chance know the quota wait for
> Romania ( knowing that I am getting my GC thru employment based EB3).
> Thanks again.
> You have been a great help.
>
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without any
legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Hash: SHA1
You are right, you would be allowed to use the Romania quota (assuming
that your wife was born there; her citizenship is irrelevant).
Romania falls under the worldwide quota. It is extremely difficult to
make predictions, especially when they are about the future (with
apologies to Mark Twain).
Here is the situation: If memory serves me right, you are an EB-3.
The current priority date for India is January 1, 2000.
The current priority date for Romania (and worldwide) is April 22, 2001.
This means that people who applied before 2000, or before April 2001,
respectively, are eligible to receive a Green Card now.
For India, this means those people have been waiting for about six
years. However, since then, the number of people who applied was most
likely consistently quite a bit higher than the quota. That is how I
arrived at the 6 to 11 years - again, it really is just an educated
guess, since I do not actually know how many people applied between 2000
and 2004 (your priority date from the first LC).
With Romania, the situation seems slightly more relaxed, but not by all
that much. My guess is that it will be approximately two to three years
earlier.
The one thing that is a near certainty (unless laws are changed) is that
the priority date for Romania will be current before the one for India.
Shyam Madhavan wrote:
> Hi kevin ,
> Thanks again for the informative suggestion.
> One thing that I got me a bit heartened ( especially after seeing the
> 2010 and 2015) date
> is that my wife is Romanian. And if I undertand that correctly I can
> file it under her country. Do you by any chance know the quota wait for
> Romania ( knowing that I am getting my GC thru employment based EB3).
> Thanks again.
> You have been a great help.
>
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without any
legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Jan 31st 2006, 1:38 am
#6
Guest
Posts: n/a
Re: Should I or Shouldn't I reapply is the question
Hi Kevin,
Your response has been higly informative.
This knowledge will make it better for me to make educated decisions
about my life.
The thing that frustates me and let me know if I understand the law
correctly or not
if my Aug 2004 ( which is now siting in Backlog ) goes through LC no
probs.
I still have to wait till 2010 or 2008 ( India, romania resp.) for visa
retrogression for my I 140 to go through.
Which till then I need to be in the same job , cannot change jobs and
if I do the new employer has to file for H1 and go thru H1B yearly
caps.
If the company goes out of business before the earlier mentioned dates
then I am shit out of luck.
Please let me know if myunderstanding is correct here.
And if I file a new PERM with a job decription; the priority date for
that to be current would be another grilling 6 to 7 years.
Kevin, please let me know if I undertsand this correctly.
Thanks
Your response has been higly informative.
This knowledge will make it better for me to make educated decisions
about my life.
The thing that frustates me and let me know if I understand the law
correctly or not
if my Aug 2004 ( which is now siting in Backlog ) goes through LC no
probs.
I still have to wait till 2010 or 2008 ( India, romania resp.) for visa
retrogression for my I 140 to go through.
Which till then I need to be in the same job , cannot change jobs and
if I do the new employer has to file for H1 and go thru H1B yearly
caps.
If the company goes out of business before the earlier mentioned dates
then I am shit out of luck.
Please let me know if myunderstanding is correct here.
And if I file a new PERM with a job decription; the priority date for
that to be current would be another grilling 6 to 7 years.
Kevin, please let me know if I undertsand this correctly.
Thanks
Jan 31st 2006, 6:31 am
#7
Guest
Posts: n/a
Re: Should I or Shouldn't I reapply is the question
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Shyam Madhavan wrote:
> Hi Kevin,
> Your response has been higly informative.
> This knowledge will make it better for me to make educated decisions
> about my life.
> The thing that frustates me and let me know if I understand the law
> correctly or not
> if my Aug 2004 ( which is now siting in Backlog ) goes through LC no
> probs.
> I still have to wait till 2010 or 2008 ( India, romania resp.) for visa
> retrogression for my I 140 to go through.
Correct. If the Aug 2004 LC does not go through, you would have to wait
longer - based on the new 2006 LC.
> Which till then I need to be in the same job , cannot change jobs
Correct. Actually, you can change jobs as long as you return to the
original one when the I-485 is approved.
> and
> if I do the new employer has to file for H1 and go thru H1B yearly
> caps.
No, the cap only applies the first time.
> If the company goes out of business before the earlier mentioned dates
> then I am shit out of luck.
Correct. However, as long as the I-140 was approved based on the first
LC, you can still use the 2004 priority date for any future job.
> Please let me know if myunderstanding is correct here.
> And if I file a new PERM with a job decription; the priority date for
> that to be current would be another grilling 6 to 7 years.
No. As long as you have an approved I-140 based on it, your 2004
priority date will be yours for life, regardless of any future LCs. You
won't have to wait again.
The quota wait will only change if your employer or you for some reason
abandon the 2004 LC.
> Kevin, please let me know if I undertsand this correctly.
> Thanks
>
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without any
legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Shyam Madhavan wrote:
> Hi Kevin,
> Your response has been higly informative.
> This knowledge will make it better for me to make educated decisions
> about my life.
> The thing that frustates me and let me know if I understand the law
> correctly or not
> if my Aug 2004 ( which is now siting in Backlog ) goes through LC no
> probs.
> I still have to wait till 2010 or 2008 ( India, romania resp.) for visa
> retrogression for my I 140 to go through.
Correct. If the Aug 2004 LC does not go through, you would have to wait
longer - based on the new 2006 LC.
> Which till then I need to be in the same job , cannot change jobs
Correct. Actually, you can change jobs as long as you return to the
original one when the I-485 is approved.
> and
> if I do the new employer has to file for H1 and go thru H1B yearly
> caps.
No, the cap only applies the first time.
> If the company goes out of business before the earlier mentioned dates
> then I am shit out of luck.
Correct. However, as long as the I-140 was approved based on the first
LC, you can still use the 2004 priority date for any future job.
> Please let me know if myunderstanding is correct here.
> And if I file a new PERM with a job decription; the priority date for
> that to be current would be another grilling 6 to 7 years.
No. As long as you have an approved I-140 based on it, your 2004
priority date will be yours for life, regardless of any future LCs. You
won't have to wait again.
The quota wait will only change if your employer or you for some reason
abandon the 2004 LC.
> Kevin, please let me know if I undertsand this correctly.
> Thanks
>
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without any
legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Jan 31st 2006, 8:14 am
#8
Guest
Posts: n/a
Re: Should I or Shouldn't I reapply is the question
Well , I think I got most of it.
Except the priority date for life.
As I understand the I 140 based on 2004 filing of LC ( do not know when
that is going to be cleared from Backlog and processed)
will take 2010 to get approved ( educated guesstimate). So only after
that approved I 140 I get to keep the priority date for life. Right.
And to get the I 485 approved I have to get back to the old job.
Or keep the 2004 priority date for any other job that sponsors me but
baring in mind that can happen only after 2010 (as it will take that
long for I 140 to get approved)
Not to mention the company that filed the 2004 LC has to be afloat till
I 140 gets approved Right ?
Thanks
Except the priority date for life.
As I understand the I 140 based on 2004 filing of LC ( do not know when
that is going to be cleared from Backlog and processed)
will take 2010 to get approved ( educated guesstimate). So only after
that approved I 140 I get to keep the priority date for life. Right.
And to get the I 485 approved I have to get back to the old job.
Or keep the 2004 priority date for any other job that sponsors me but
baring in mind that can happen only after 2010 (as it will take that
long for I 140 to get approved)
Not to mention the company that filed the 2004 LC has to be afloat till
I 140 gets approved Right ?
Thanks
Jan 31st 2006, 11:35 am
#9
Guest
Posts: n/a
Re: Should I or Shouldn't I reapply is the question
Hi Kevin,
On Further reading your replies couple of times.
I think I previous enrty could be misleading.
This is what I understand of the confusing process called US
immigration.
Once my LC (filed 2004) gets approved the employer then files for I 140
( do you know how long it takes to approve those).
Once that is approved I wait till a visa # is available for my priority
date to file for I 485.
And Here is were the wait comes in.
But if I understand it correctly I can use the approved I 140 and
change jobs and apply for I 485 when a visa is available ( or the
priority date gets current).
On that note after the I 140 do I wait till the priority date gets
current to file I 485 or file it and wait till the priority date gets
current to hear any response from ( just the logistics).
In the mean time if my 6 years on H1 B is over I can extend as I filed
for GC.
Is all this correct.
Thanks
On Further reading your replies couple of times.
I think I previous enrty could be misleading.
This is what I understand of the confusing process called US
immigration.
Once my LC (filed 2004) gets approved the employer then files for I 140
( do you know how long it takes to approve those).
Once that is approved I wait till a visa # is available for my priority
date to file for I 485.
And Here is were the wait comes in.
But if I understand it correctly I can use the approved I 140 and
change jobs and apply for I 485 when a visa is available ( or the
priority date gets current).
On that note after the I 140 do I wait till the priority date gets
current to file I 485 or file it and wait till the priority date gets
current to hear any response from ( just the logistics).
In the mean time if my 6 years on H1 B is over I can extend as I filed
for GC.
Is all this correct.
Thanks
Jan 31st 2006, 8:00 pm
#10
Guest
Posts: n/a
Re: Should I or Shouldn't I reapply is the question
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Shyam Madhavan wrote:
> Well , I think I got most of it.
> Except the priority date for life.
> As I understand the I 140 based on 2004 filing of LC ( do not know when
> that is going to be cleared from Backlog and processed)
> will take 2010 to get approved ( educated guesstimate).
No. You can file the I-140 immediately after the LC is approved. 2010
only matters for the I-485.
> So only after
> that approved I 140 I get to keep the priority date for life. Right.
Correct. That might be as early as 2007 or so.
> And to get the I 485 approved I have to get back to the old job.
That is correct, if you want to use that I-140 for the I-485. You don't
need to do that - the priority date remains yours even if you ultimately
file an I-485 based on a different LC.
> Or keep the 2004 priority date for any other job that sponsors me but
> baring in mind that can happen only after 2010 (as it will take that
> long for I 140 to get approved)
No, see above.
> Not to mention the company that filed the 2004 LC has to be afloat till
> I 140 gets approved Right ?
In practical terms, yes.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without any
legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Shyam Madhavan wrote:
> Well , I think I got most of it.
> Except the priority date for life.
> As I understand the I 140 based on 2004 filing of LC ( do not know when
> that is going to be cleared from Backlog and processed)
> will take 2010 to get approved ( educated guesstimate).
No. You can file the I-140 immediately after the LC is approved. 2010
only matters for the I-485.
> So only after
> that approved I 140 I get to keep the priority date for life. Right.
Correct. That might be as early as 2007 or so.
> And to get the I 485 approved I have to get back to the old job.
That is correct, if you want to use that I-140 for the I-485. You don't
need to do that - the priority date remains yours even if you ultimately
file an I-485 based on a different LC.
> Or keep the 2004 priority date for any other job that sponsors me but
> baring in mind that can happen only after 2010 (as it will take that
> long for I 140 to get approved)
No, see above.
> Not to mention the company that filed the 2004 LC has to be afloat till
> I 140 gets approved Right ?
In practical terms, yes.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without any
legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Jan 31st 2006, 8:18 pm
#11
Guest
Posts: n/a
Re: Should I or Shouldn't I reapply is the question
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Shyam Madhavan wrote:
> Hi Kevin,
> On Further reading your replies couple of times.
> I think I previous enrty could be misleading.
> This is what I understand of the confusing process called US
> immigration.
> Once my LC (filed 2004) gets approved the employer then files for I 140
> ( do you know how long it takes to approve those).
It can vary, but I would expect a few months.
> Once that is approved I wait till a visa # is available for my priority
> date to file for I 485.
Yes.
> And Here is were the wait comes in.
> But if I understand it correctly I can use the approved I 140 and
> change jobs and apply for I 485 when a visa is available ( or the
> priority date gets current).
Kind of. Your new employer still needs to get a new LC and a new I-140
approved. You would have to file that I-485 with both the new I-140 for
the correct job, and the old I-140 to establish the priority date.
> On that note after the I 140 do I wait till the priority date gets
> current to file I 485 or file it and wait till the priority date gets
> current to hear any response from ( just the logistics).
You have to wait until the PD is current. That is important not just for
logistics, but also because merely filing the I-485 has quite a few
legal consequences.
> In the mean time if my 6 years on H1 B is over I can extend as I filed
> for GC.
You can do that just because you filed an LC.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.
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Shyam Madhavan wrote:
> Hi Kevin,
> On Further reading your replies couple of times.
> I think I previous enrty could be misleading.
> This is what I understand of the confusing process called US
> immigration.
> Once my LC (filed 2004) gets approved the employer then files for I 140
> ( do you know how long it takes to approve those).
It can vary, but I would expect a few months.
> Once that is approved I wait till a visa # is available for my priority
> date to file for I 485.
Yes.
> And Here is were the wait comes in.
> But if I understand it correctly I can use the approved I 140 and
> change jobs and apply for I 485 when a visa is available ( or the
> priority date gets current).
Kind of. Your new employer still needs to get a new LC and a new I-140
approved. You would have to file that I-485 with both the new I-140 for
the correct job, and the old I-140 to establish the priority date.
> On that note after the I 140 do I wait till the priority date gets
> current to file I 485 or file it and wait till the priority date gets
> current to hear any response from ( just the logistics).
You have to wait until the PD is current. That is important not just for
logistics, but also because merely filing the I-485 has quite a few
legal consequences.
> In the mean time if my 6 years on H1 B is over I can extend as I filed
> for GC.
You can do that just because you filed an LC.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal
counsel rather than relying on usenet newsgroups.
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Feb 1st 2006, 1:36 am
#12
Guest
Posts: n/a
Re: Should I or Shouldn't I reapply is the question
Hi Kevin,
So is it possible to get an I 140 approved then leave that job.
And even go to school ( F 1) visa , finish school, get a new job file
LC thru them and get I 140 approved for the new.
But can I use the old I 140 to get the priority date ( or do I need
some co operation from the old employer ).
You also mentioned that I can get an extension on my H1 just by fact I
filed for LC.
How long is the extension normally ( or average).
Thanks for all this valuable information.
So is it possible to get an I 140 approved then leave that job.
And even go to school ( F 1) visa , finish school, get a new job file
LC thru them and get I 140 approved for the new.
But can I use the old I 140 to get the priority date ( or do I need
some co operation from the old employer ).
You also mentioned that I can get an extension on my H1 just by fact I
filed for LC.
How long is the extension normally ( or average).
Thanks for all this valuable information.
Feb 1st 2006, 10:47 pm
#13
Guest
Posts: n/a
Re: Should I or Shouldn't I reapply is the question
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Shyam Madhavan wrote:
> Hi Kevin,
> So is it possible to get an I 140 approved then leave that job.
> And even go to school ( F 1) visa , finish school, get a new job file
> LC thru them and get I 140 approved for the new.
> But can I use the old I 140 to get the priority date ( or do I need
> some co operation from the old employer ).
Once you have the I-140 approval notice, you no longer need the
cooperation of the old employer.
> You also mentioned that I can get an extension on my H1 just by fact I
> filed for LC.
> How long is the extension normally ( or average).
Until your I-485 is approved. However, it is only approved in increments
of one year, rather than the usual three years for H-1B extensions. It
is often called the "seventh year" H-1B, even though it can be for the
eighth or ninth or tenth year, as well.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without any
legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Shyam Madhavan wrote:
> Hi Kevin,
> So is it possible to get an I 140 approved then leave that job.
> And even go to school ( F 1) visa , finish school, get a new job file
> LC thru them and get I 140 approved for the new.
> But can I use the old I 140 to get the priority date ( or do I need
> some co operation from the old employer ).
Once you have the I-140 approval notice, you no longer need the
cooperation of the old employer.
> You also mentioned that I can get an extension on my H1 just by fact I
> filed for LC.
> How long is the extension normally ( or average).
Until your I-485 is approved. However, it is only approved in increments
of one year, rather than the usual three years for H-1B extensions. It
is often called the "seventh year" H-1B, even though it can be for the
eighth or ninth or tenth year, as well.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without any
legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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