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Can I maintain my priority date even with new LC sponsor?

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  • Can I maintain my priority date even with new LC sponsor?

    My current employer is not an ideal sponsor. In fact I have a case against them for uncollected salary. anyways, if I have new sponsor, is it possible to maintain the same priority date of 04/01? I wish this is so because this date is almost current. Also, how long is the processing, is it a year? Thanks a lot.

  • #2
    My current employer is not an ideal sponsor. In fact I have a case against them for uncollected salary. anyways, if I have new sponsor, is it possible to maintain the same priority date of 04/01? I wish this is so because this date is almost current. Also, how long is the processing, is it a year? Thanks a lot.

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    • #3
      You can maintain your priority date only if your current employer will file I-140 and it will get approved.If you receive an I-140 approval through your current employer, then the priority date permanently belongs to you. If you change employer before obtaining I-140 approval, you can carry NOTHING forward to the next employer and you will lose your priority date.
      If you file new LC with new employer it will create new priority date unless you have receipt of I-140 approval from previous filed LC.

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      • #4
        Thanks, Rida.
        So, this means that I should be friendly again with this employer, which is really against the advice of my collection lawyer.

        What is I-140? Is that where the employer will prove capacity to pay and that they are in good standing? I'm afraid they will have a hard time showing this. You know, I read somewhere either on this board or not, that an additional sponsor may help in cases where the current sponsor is financially not equipped, is that true? Thanks.

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        • #5
          Once the application for labor certification is approved, the employer has to file a Petition For Immigrant Worker (Form I-140) Sponsoring employer must be able to demonstrate that the company is capable of paying the salary advertised for the job. For that, employer would have to submit a corporate income tax return.
          If it comes to additional sponsor I would say it is not TRUE !

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          • #6
            Rida.
            If my I-140 gets denied, can I still go to another (new) employer and restart LC/PERM and can still change status because of my 245i?
            How many times can I get an LC?
            I have an expired h1b. Thanks.

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            • #7
              Since you meet all requiremets for 245i there is no limit to the number of application you may file until you adjust status. You are grandfathered of 245i and you are not limited to seek adjustment of status solely on basis of qualifying labor certificate that you filed before April 20 2001.
              If there is a possibility your I-140 can be denied, don`t waste your time and start new case asap.

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              • #8
                Sorry I ment 30 April 2001

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