Need Advise - planning change employer, have I140, EB2 PD July 2010

[vindee143]

I have a priority date of July 2010 on EB2 with my current employer. I have a good full time opportunity with a reputed bank. I am inclined to take the offer but hesitant considering the perm process situation. the Bank's policy is to consider Perm processing after 1 year completion only.
I know I can retain my old PD once the new employer gets an approved I140.
But it may not be until early 2015 before I can get my new I140. Will I miss out on date changes?

Can I go back on the previous employer's I140 and and apply for 485 if things change and the dates become current?

Please advise!

thanks

[Spectator]

I have a priority date of July 2010 on EB2 with my current employer. I have a good full time opportunity with a reputed bank. I am inclined to take the offer but hesitant considering the perm process situation. the Bank's policy is to consider Perm processing after 1 year completion only.
I know I can retain my old PD once the new employer gets an approved I140.
But it may not be until early 2015 before I can get my new I140. Will I miss out on date changes?

Can I go back on the previous employer's I140 and and apply for 485 if things change and the dates become current?

Please advise!

thanks

vindee143,

Not so easy a question to answer, since so much is happening at present and your PD is beyond even the latest date ever reached.

I can only give you my thoughts - others may differ.

a) If CIR passes and all the good things in the Senate version survive (such as no dependents counted, visa recapture etc) then you might become Current before early 2015, depending when each section became effective. Since it may change, it is impossible to say.

b) If CIR does not pass, then you would certainly have your new PERM and I-140 in place before your PD becomes Current.

I base that on there currently being more than 43k known cases in front of you in the Demand Data. That does not count any further porting cases to become Current this year and also does not count any further porting cases in subsequent years. There may be an effective 65k cases in front of you (barely more than a guess from so far out).

Ultimately, it is a personal decision and depends on your own risk tolerance.

If
a) the original employer had not withdrawn your I-140 and
b)the original job described in the original PERM/I-140 still existed and
c) the original employer still had the intent to hire you, and
d) you had the intent to join them

you could use the original employer's I-140 to file I-485 in the event your PD became Current before the new PERM/I-140 process was complete.

[skpanda]

Hi.. I have similar questions.

EB2 - I140 approved - PD Dec 2010.

However, I want to know:

1. If i change employer, can i retain my Dec 2010 PD. What are the scenarios where i will loose it.
2. Will the new employer be able to transfer my H1 based on approved 140 from my current employer? Any risks there?
3. Is there any impact if current employer withdraws 140?

Appreciate inputs from experts! Thanks! God Bless!

Regards,
skpanda

[skpanda]

Appreciate help on this... Thanks in advance!

Hi.. I have similar questions.

EB2 - I140 approved - PD Dec 2010.

However, I want to know:

1. If i change employer, can i retain my Dec 2010 PD. What are the scenarios where i will loose it.
2. Will the new employer be able to transfer my H1 based on approved 140 from my current employer? Any risks there?
3. Is there any impact if current employer withdraws 140?

Appreciate inputs from experts! Thanks! God Bless!

Regards,
skpanda

[nyquant]

Hi..My PD is Oct 2010 an I was under the same boat a few years back when I changed my job in 2013. What I was told back then was that I should be able to retain my PD as long my original 140 was not revoked for fraud. There was no problem in transferring my H-1B to the new employer. The only pain point was that it took almost a year and half to certify the new perm and another 8 months to get my 140 approved again.

[skpanda]

Hi..My PD is Oct 2010 an I was under the same boat a few years back when I changed my job in 2013. What I was told back then was that I should be able to retain my PD as long my original 140 was not revoked for fraud. There was no problem in transferring my H-1B to the new employer. The only pain point was that it took almost a year and half to certify the new perm and another 8 months to get my 140 approved again.

Thanks a lot for your inputs...

[asankaran]

Hi Guys,

I am currently on EAD and have opportunity to do corp-corp consulting. CPA advised to have S-Corp to get full benefits but was not aware of immigration related implications. Is it fine to do corp-corp on EAD and will it have any issues finally when GC is issued ?

[Prabhas]

Hi Guys,

I am currently on EAD and have opportunity to do corp-corp consulting. CPA advised to have S-Corp to get full benefits but was not aware of immigration related implications. Is it fine to do corp-corp on EAD and will it have any issues finally when GC is issued ?

Sankaran,

To my knowledge that is possible. If you are married, my suggestion is to open the company under spouse name and that way she can provide the employment verification letter if in case there is an RFE at the time I485 adjudication. Opening the company on spouse name will make it more seamless and nullifies any issues that you may come across with immigration if any.

Good Luck

V