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- Consequences For Porting Of Priority Date And In 5th Year Of H1b -

Discussion in 'I-140 petitions' started by sammy86, Aug 9, 2016.

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  1. sammy86

    sammy86 New Member

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    Hi Ron,

    I know u must be tired of replying to the same type of question but your "yes/no/opinion" for a particular situation matters a lot.. so I am posting my Question....may be this question has been asked numerous times ... but PLEASE PLEASE let me know, will I be having any problems porting my PD.

    I am on my 5th year of H1B which will be completing soon

    I have an approved I-140 with a Priority Date of May2016 filed under EB-2. (My present Consulting company), I am working for a client and they want to Hire me.. They said they will start the I140 process again for me when I will join them. I thought I should check with my consulting if they can allow me to join the client and share my I140 paper with me ----but There was a BIG NO from them...

    I don't have 1-140 file number. This time I got my H1B from 2016-2019 based on the I140. I see a beneficiary number on I797-A which I never saw before, so I am assuming it represent something for I140-??

    in case I join my client i m sure my consulting company will now revoke the I140 for sure and I am in my 5+ year.. if I join my client I have 365 days only and they have to file the advertisement etc .. each step from start..which I think will be difficult to achieve in 1 year

    I DON'T want to loose my PD under any circumstances as I will be getting my 3 years extensions

    1. If I join the client and my consulting company withdraws my I-140 is there ANY way my PD will be lost?

    2. Current h1b -- is till 2019 based on I-140, if I -140 is withdrawn
    a) will I get 3 years on H1B from client without having the I140 documents
    b) will I get 3 years-till 2019 on H1B from my client in case my consulting company revokes my I-140

    Please let me know what is the best way to join client and get 3 years on H1B during H1B transfer without I140 number or withdraw I140 so that I have enough time to file new I140 .

    3. If I file FOIA, Will consulting company get to know by any chance -- 1%?

    Thanks
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, no way.

    Yes, you should.
    No, if it is revoked before a decision is made, but yes you will get to keep the three years if it is revoked after a decision is made.
    Without the receipt number, you can't. Post the number on your I-94, with the same letters that appear and Xs for the numbers. Let's see if that is the receipt number. (I suspect it is)

    No, no chance at all.
     
  3. sammy86

    sammy86 New Member

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  4. sammy86

    sammy86 New Member

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    I797 A
    Receipt -- EAC-16-1XX-XXXXX
    Then on Top with my name there is something starting with "A209 XXX XXX"

    I am not sure that I provided right answer for your question or not?
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, that is exactly what I wanted. Now, go to https://egov.uscis.gov/casestatus/landing.do and enter the actual number and tell me what it says. Since it is an EAC number, it is likely your H1B file number. The A number, however, is the file number for your permanent file - where your I-140 is stored. You can reference that instead of the I-140 file number.
     
  6. sammy86

    sammy86 New Member

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    On XXX, 2016, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC16XXXXXXXX, and emailed you an approval notice. Please follow any instructions on the approval notice.

    And A-209 number that I have on I797-A is the file number for my I140, does that mean I dont have to file for FOIA,?
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You do not. You may reference your A number and they will pull your permanent file, which has the I-140 in it.
     
  8. sammy86

    sammy86 New Member

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    Thank You ...Thank You ......Thank YOU VERY MUCH.... and who can pull my permanent file number with A-209, the new company or me?
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The USCIS will pull it up.
     
  10. sammy86

    sammy86 New Member

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    Thank You Ron,
     

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