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Thread: I-140 filing - queries

  1. #1
    Join Date
    Apr 2009
    Posts
    95

    Default I-140 filing - queries

    Hi all,

    I have my approved labor and now currently filing my I-140.

    As per the current trend,how long it takes for I-140 to get approved?

    Once my I-140 is approved,can I change my employer after 6 months from the time my I-140 got approved?If my employer revokes my I-140,will my H1b visa status be affected.

    My 3yr H1B visa limit ends in Sep 2009.

    I curently want to change my job but thinking to wait till I get my I-140 approved.Please let me know if this is the correct time 2 switch job cosnidering my GC application status as detailed above.

    Please advise.

    BR,
    Di

  2. #2
    Join Date
    Nov 2005
    Posts
    129

    Default

    Quote Originally Posted by disha1008 View Post
    Hi all,

    I have my approved labor and now currently filing my I-140.

    As per the current trend,how long it takes for I-140 to get approved?

    Once my I-140 is approved,can I change my employer after 6 months from the time my I-140 got approved?If my employer revokes my I-140,will my H1b visa status be affected.

    My 3yr H1B visa limit ends in Sep 2009.

    I curently want to change my job but thinking to wait till I get my I-140 approved.Please let me know if this is the correct time 2 switch job cosnidering my GC application status as detailed above.

    Please advise.

    BR,
    Di
    Nowadays, it is pretty quick, If there is no issue you could expect approval in less than 3 months time. If you need quicker approval, your employer can opt for a premium processing.

    Your I-140 approval is nothing to do with whether you can change employer or not. To keep the current employer GC process even after you switch employee using AC-21 rule, you've to have pending I-485 (AOS) application. beyond 6 months. Even in this case, you r allowed to switch only in similar job profile.

    You can change job any time, but you have to have a way to maitain your non-immigrant status until you file your AOS. If you change job without filing the AOS, you've to forget that process unless your employer want to keep continue the process for future employment.

  3. #3
    Join Date
    Apr 2009
    Posts
    95

    Default

    Thanks for the reply.

    But I'm still not clear on the change of employer after i-140 approved.

    I read on the forums that it is safe to change employer 6 months after I-140 is approved so that thepriority date can be keept even if GC process atrted newly with ne employer.Is this true???Please confirm.

    Also I have added my husband a s a co-applicant.His details will be required only when I apply for I-485 stage (after I-140 approved) rt?

    He is also on H1B visa and currently in 3rd year.Should he also apply for a GC so that he can get extension further after 6 yrs OR can he get extension beyond 6yrs based on my GC appplication?If so,at which stage of my GC application can he apply for Visa extension beyond 6 yrs?Please clarify.

    Thanks.

  4. #4
    Join Date
    Nov 2005
    Posts
    129

    Default

    Quote Originally Posted by disha1008 View Post
    Thanks for the reply.

    But I'm still not clear on the change of employer after i-140 approved.

    I read on the forums that it is safe to change employer 6 months after I-140 is approved so that thepriority date can be keept even if GC process atrted newly with ne employer.Is this true???Please confirm.

    Yes, If you filed concurrently. You can use AC-21 rule to switch employer after 6 months without affecting the ASO (I-485). If you didn't apply AOS (I-485), mere approved earlier I-140 copy is enough to capture the previously established priority date.
    There is no 6 moth rule to re-capture the earlier priority date from the previously approved I-140.


    Also I have added my husband a s a co-applicant.His details will be required only when I apply for I-485 stage (after I-140 approved) rt?

    You have to give the beneficiary details (name & date of birth) in I-140. At AOS (I-485) stage every one has to have independant application.

    He is also on H1B visa and currently in 3rd year.Should he also apply for a GC so that he can get extension further after 6 yrs OR can he get extension beyond 6yrs based on my GC appplication?If so,at which stage of my GC application can he apply for Visa extension beyond 6 yrs?Please clarify.

    If you don't see you qualify to apply AOS (I-485 ) in the near future (before his 6yr limit), he has to have his own process to extend his H1-B. Your process will not help him. If you qualify to apply ASO (I-485), he is also eligible apply AOS, EAD & AP along with as a dependant beneficiry. That will enbale him to continue his work on EAD and not his H1-B.


    Thanks.
    See above

  5. #5
    Join Date
    Apr 2009
    Posts
    95

    Default

    Thanks for the detailed reply.

    Nowadays the I-140 application and I-485 can be applied concurrently rt?So the AOS you are talking about is when?After I-140 approved OR after submitting I-140 application but before it is approved ?If After I-140 Approved,when exactly(how much duration after I-140 is approved)?

    Also you are saying that once AOS is applied for both of us,both ca get 3yrs extension beyond the 6 yr limit for H1B(assuming we apply for AOS before the 6yr expiry/limit of out Visa's).Please confirm.

    Thanks again for your valuable time.

  6. #6
    Join Date
    Nov 2005
    Posts
    129

    Default

    Quote Originally Posted by disha1008 View Post
    Thanks for the detailed reply.

    Nowadays the I-140 application and I-485 can be applied concurrently rt?
    So the AOS you are talking about is when?After I-140 approved OR after submitting I-140 application but before it is approved ?If After I-140 Approved,when exactly(how much duration after I-140 is approved)?

    It depends, If your priority date is current, then you can apply concurrently (I-140 + I-485(AOS) ). Otherwise you've to apply first your I -140 and watch the VISA bullentin every month to find out whether your priority date is current or not, to qualify to file your AOS (I-1485) & family members.

    Also you are saying that once AOS is applied for both of us,both ca get 3yrs extension beyond the 6 yr limit for H1B(assuming we apply for AOS before the 6yr expiry/limit of out Visa's).Please confirm.

    Once if you r on AOS status , you r qualified for the EAD and you can get either 1 or 2 year EAD if approved.

    But if you still want to keep non-immigrant status (H1-B) even after you applied for AOS, both have to their own approved I-140 or Approved PERM Labor or Pending PERM Labor Over 365 days to get extension beyond 6 Yr.

    You & Your derivatives can get all benefits as you when you r on AOS status.
    Benefits are EAD (1 or 2 years - decided by IO who reviwes you application), AP etc.,

    H1-B (non-immigrant status) is not transferable and can not benefit one from other. It means your husband can not get any benefit from your Labor Or I-140 approval.



    Thanks again for your valuable time.
    See above

  7. #7
    Join Date
    Apr 2009
    Posts
    95

    Default

    Thanks .

    However during I-140 application,if my dependants are added as co-applicants ,does it need to be mentioned explicitly in the application that they will also be applying for adjustment of status or its understood that once my priority date becomes current,dependants can also apply for adjustement fo status along with me/primary applicant?

    Please confirm.

  8. #8
    Join Date
    Nov 2005
    Posts
    129

    Default

    Quote Originally Posted by disha1008 View Post
    Thanks .

    However during I-140 application,if my dependants are added as co-applicants ,does it need to be mentioned explicitly in the application that they will also be applying for adjustment of status or its understood that once my priority date becomes current,dependants can also apply for adjustement fo status along with me/primary applicant?

    Please confirm.
    You should fill out the qualified dependants in I-140. But qualified dependants can always apply AOS regardless of whether you mentioned those names in I-140 or not.

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