Table A provides approval and denial data for petitioners of the I-140, Immigrant Petition for Alien Workers - (E-11 Extraordinary Ability, Professors, Researchers, or Executives)
Table A: I-140 E-11 Approval/Denial by Fiscal Year 2005 to 2010
|
Fiscal Year |
Approvals |
Denials |
Approval Rate |
Planning to change my employer. Priority Date: Sept 2014 (EB2). H1: on my 5th Year (Filed for an extension it is currently in process). My plan is to change my employer once my extension is approved but I have the following questions. I am 100% sure my employer is going to withdraw my I-140. How is my H1 transfer going to work?
First of all the moment, your I-140 is approved no matter which category EB-1 or EB-2, the Priority Date is yours to keep that means if you got your green card filed in let's say 2017 and you left this employer after the I-140 approval, they revoked your I-140 and you started another green card in 2020 your Priority Date will be still 2017 because your I-140 was approved. So the moment the I-140 was approved the Priority Date becomes your property and it can be carried across categories, across employers, and across geographical areas. So if you go from a PERM filing in New York to an employer in California and your previous filing was EB-3 next filing is EB2 or even EB-1 you can carry the date of the work petition as long as the I-140 was approved. The moment the I-140 is approved, the Priority Date is yours.
There are limited exceptions unless the I-140 is revoked for fraud, etc., by the USCIS. Even if the employer revokes the I-140 you will keep your Priority Date. In addition to that, if the I-140 gets approved and stays approved for 180 days you will not only carry your Priority Date you will carry your right to extend your H-1 through any employer indefinitely. You will get a second benefit after 180 days and if the lawyer revokes the I-140 you will still get the benefit of both Priority Date and the right to extend your H-1 through any employer. The government has also said if you have an H-4 EAD for your spouse, your I-40 stayed approved for 180 days your wife's or your husband's H-4 EAD is safe even if the old employer revokes the I-140 later on as long as the I-140 stayed approved for 180 days. So if you left but the I-140 stayed approved for 180 days H-4 EAD is safe. That, in a nutshell, is the general law. More
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Work Done : Employment Based Green Card Can people contact me as a reference: Yes I got my Green card approved on July1st 2010. I started the Whole process on April 2005 with Rajiv Khanna as my attorney. I must mention the speed at which they got my labor and 140 approved was very impressive.I must also mention the paper work done under his team's guidance was very methodical and I belive it helped me get my GC approved without any RFE's. I was very impressed with mr khanna's staff in general and with a special mention of mr mathew and bharathi who were very patient will all my questions and concerns.I was also very impressed with the way my daughter's case was handled by Mr Khanna and his staff, recommending me with different options and advicing me to do the right thing at the right time. My daughter's case was very unique and Mr Khanna and his staff had very clear understanding on her case and adviced me to do the right thing and finally on Feb20th 2011 her case was resolved. Without Mr Khanna and his staff I do not think my daughter would have got her green card. I highly recommend Mr Khanna's office to anyone who wants to apply for green card or any other immigration related issues.