Options with I 140 approved
My I 140 has been approved with PD of May 2011. Which of the following 3 options is open for me with this approved I140?
a) Move to a different city and different project with same employer and working on different tools and platform but similar role.
b) Move to a different city and different project with same employer and with different role as well.
c) Staying in same project but getting promoted.
This is the most informative blog I have seen in recently.
Anybody! I have a query that is troubling me
I have two PD's one for NIW from Aug 2009 (current now) where I will have to work in underserved area for approx 3 more years if I apply for I 485(AOS) and will get GC only after 3 more years. The other PD is May 2010 which is after PERM (not current- may be current in next VB who knows!).
Definitely I need I485 approved but if next months VB shows my May 2010 PD current I would prefer to have that go for my I485 where I am not bound to 3 more years of underserved area service.
Here the question would be 1.Does PD from Aug 2009 be applied towards I 485 application for I-140 with PD May 2010?
2. If not then how safe is it wait till next months VB arrives for filing I-485 for Aug 2009 PD?
Last edited by username1; 01-08-2012 at 04:52 PM.
username1Originally Posted by username1
I have been in a very different situation but similar characteristics and I am assuming you are a NIW physician.
I was doing J1 waiver and planned on doing NIW and PERM based applications.My PERM was approved in 2007 and having missed the July 2007 boat had to wait for a while before i filed for AOS in Nov 2011.
After my 3 years of contract was over i planned on moving to a different job and wasnt keen on going through PERM again and when i discussed with my lawyer i was told i could use my PERM priority date to my 'new' NIW application, however i still had to go through the 5 years criteria before AOS would be adjusted.
So a PERM based 'old' PD can be used for a 'new' NIW as per my lawyer. I am not sure of the other way round.
I am sure a quick phone consult with lawyers who specialize in NIW like Carl Shusterman will help clarify accurately.
You should be able to port the PD but I think that means you are abandoning the other application. Anyone else? talk to a lawyer and make a call.
I doubt May 2010 will get current in the next few months.... but ofcourse everything has been haywire so who knows. I'd go with facts that I have and make decisions based on that rather than speculate what may happen. Another thing to note.. you won't get a Green Card any time soon so I don't know if your situation needs a Green Card or just EAD.
Thank you Stemcell and Vizcard. I will talk to my lawyer asap and will let you guys know. I am not able to find if anyone has done porting from NIW to PERM case. It will be interesting to know I guess.
IMHO, (C) is the best, until you get your GC
PD:06/08/2007 | 485/AP/EAD Filed:10/06/2011 | USCIS Received Date:10/11/2011 | FP Completed:10/23/2011 | EAD/AP Approved:12/21/2011 | RFE Received 02/09/2012 | RFE Responded : 02/15/2012 | LUD : 02/16/2012 (RFE Response being reviewed.) ||||CPO : 03/07/2012
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