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  • form 750 is approved but company closed down.

    What will happen if your form 750 is now certified but can not proceed due to the company have already closed down. Does that mean close case. PLs advise.

  • #2
    What will happen if your form 750 is now certified but can not proceed due to the company have already closed down. Does that mean close case. PLs advise.

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    • #3
      yeah, that's the problem with employment-based immigration process at the laborcert/perm stage - the petition dies with the petitioner. ac21 act of 2000 would allow you to port to another employer but you're way, way far behind the required benchmark yet. your only consolation now is that you may apply for perm (under new sponsorship) and utilize the original priority date of your approved/certified laborcert.

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      • #4
        Priority date can be retain ONLY if I-140 has been approved!

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        • #5
          Disagree!!!

          Form ETA 9089, A. Refiling Instructions, 1. Are you seeking to utilize the filing date from a previously submitted ..... (ETA 750)? (Yes), 1-A. If yes, enter the previous filing date (enter date), 1-B. Indicate the previous SWA or local office case number.... (enter case number)

          I have first-hand knowledge of a number of successful priority retention cases with portability. You?

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          • #6
            Thank you so much for your replies. Appreciate all your help.

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            • #7
              Rough Neighbor
              This only apply to a person who is still in process of waiting for LC approval and wants to file ETA 9089 to speed up the process.
              Check out instruction for ETA 9089
              Section A
              Refiling Instructions
              Employers that filed applications under the previous regulations (Form ETA 750) may, if the employer has
              not yet commenced the recruitment process by having a State Workforce Agency file a job order, refile
              applications under the current regulations (ETA Form 9089) without loss of the previous filing date by the
              following process:
              The a opportunity filed under the previous regulations, and the
              employer must comply with all of the filing and recruiting requirements of the current regulation.
              The employer must withdraw the case involving the identical job opportunity under the previous
              regulations and refile under the current regulations.


              I do have knowledge because I was in the same situation. My first LC was approved but I-140 hasnt been field. I had to apply for new LC (perm) and couldnt retain priority date. Confirmed with 3 diffrent attorneys!!!

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              • #8
                Not one (among your three different attorneys) has tried, I guess. Regarding immigration via the subject of this thread, the DOL (laborcert/PERM) determines the "priority date," not the USCIS (I-140) - meaning: the I-140 takes on the laborcert or PERM's priority date. Ok, when you request for a retention of the priority date of an old ETA 750, you're addressing your request to the DOL - not to the USCIS! So I wonder why, as you said, an "I-140 approval" is a required benchmark for priority date retention.

                I'm very much familiar with the Form 9089 instructions that you have cited. That's also found in the DOL's PERM FAQ Set Round 1. But PERM has "metamorphosed" tremendously between its implementation on March 28, 2005 until today. Look, the 9089 instructions and the PERM FAQ only addressed "pending" ETA 750's, not "certified/approved" ETA 750's.

                We're talking about an approved ETA 750 here, my friend. Also no offense meant, although I appreciate your knowledge about this process, you're talking about one case - I'm talking about at least two or more.

                Comment


                • #9
                  Dear Rough Neighbor
                  I am talking here about approved ETA 750.
                  I was responding to Adell99 post and based on his/her post company was closed after ETA 750 was certified. It means he/she has to apply for new LC with new sponsor. I do agree that LC determines the priority date but ONLY if I-140 is filed with immigration and approved.!!!
                  Let me exactly explain if priority dates can be transferred?
                  Here is the law:

                  CHANGING EMPLOYER BEFORE I-140 APPROVAL If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule if company is taken over by new owner then priority date will be preserved.

                  CHANGING EMPLOYER AFTER I-140 APPROVAL If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date. If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer.

                  Comment


                  • #10
                    Rule is rule and that's OK. I'm talking about the exception. But as a general rule, immigration regulations are neither written in stone nor seared onto black and white templates - it's almost always inevitable to have shades of gray here and there: relief mechanisms, waivers, motions, discretionary options, judicial challenges are examples of what I'm saying.

                    Because you haven't done doesn't mean it couldn't happen. Try and you'll be amazed just how in this PERM day and age DOL has somewhat lifted that iron curtain probably haunted by the trauma of the seven-year-old backlog of TR/RIR cases.

                    The OP has long signed off on this thread. You say no, I say yes. Let's leave it there......

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                    • #11
                      Hi Rough Neighbor,

                      I am in this exact scenario,
                      I have approved ETA750AB from employer A.
                      ETA750AB:submitted-Aug2002 Approved-Aug2006. I have copy of approval.
                      I quit Employer A in Nov 2003 and left to my home country.
                      I-140 was never filed.

                      Now in 2016, Employer B is ready to file PERM and I-140, can I somehow retain the PD from the ETA750 of 2002.
                      The job roles are very similar except different companies and is the same location.

                      I feel hopeless if I get a PD of 2016, I am already 40 and dont know what will happen, 10 years wait time is too long.

                      You are my only hope.
                      Please tell me something good.

                      Thanks,
                      Vijay

                      Comment


                      • #12
                        My H1B was approved and starts from Oct 1st 2014. Before Oct 1st 2014 can I transfer my H1B to a new company as my current company is shutting down.
                        I am currently on my CAP-GAP.
                        What are the risks involved if I am transferring before Oct 1st? Are there any documents required to be collected from the current company

                        Comment


                        • #13
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