| Q. |
Portability of Approved I-140
Hi!
My I-140 just got approved in 8/2008. My priority date is 09/2007, EB3.
My company is not able to file the I-485 yet since the EB3 category is oversubscribed. My H1B max out date is 09/2010.
1) What would happen if my company decides to lay me off tomorrow? Do I have to leave the country?
2) If I apply for work somewhere else, is my approved I-140 portable? 3) What would the future employer have to agree to?
4) do you have an estimate on how much time it might take for my I485 to become current?
Thanks!
User's Location:
stamford, Connecticut, United States of America
Category:
Employment-based Green Card
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| A. |
The I-140 is not portable. You would have to start over since you never filed I-485.
What country are you from? |
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Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689
www.immigrationboston.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
I am from Bulgaria.
could the I-140 potentially be portable between my company and its parent company?
so.. does this mean that if I am laid off, I would have to find a new employer who would have to hire me under H1B and start the process all over? |
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| A. |
Yes the process will have to be restarted. |
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Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689
www.immigrationboston.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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