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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10895
Experience:  Write FOR JAMES to get my help!
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My 140 have been approved(EB2 PD June 2009) .5 years now

Customer Question

my 140 have been approved(EB2 PD June 2009) for 1.5 years now from comapany B( never joined ) . I am currenlty employed with company A an wish to continue with it .
Employer of Comapny B is coperative in issuing letter releaseing me of any binding and clearing my chances to continue with company A.
What letter is this employer talking about ? is it possible ?
How can I port apporved I-140 to my present company A without joining company B at all ?
September 2015 visa bulletin mentions my date is curent(DF) in oct 2015
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

Please answer the following:

When you say stay with company A, do you mean your current status?

What is your current status - H1B?

Are you asking how you can have Company A file for your green card, instead of Company B?

Customer: replied 1 year ago.
My current status is H1b.According to Visa bulletin Sept 2015 , My PD is current meaning elegible to file I485 . I dont wish to join Comapny B and comapny B understand that.How can I have this approved 140 port to new company A without going through the long process of PERM ?
Expert:  Expert James replied 1 year ago.

OK, thank you very much. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWR: Unfortunately, in this case, you don't have an option of avoiding PERM with Employer A. A new employer MUST file a new PERM before you are eligible for a new I-140/green card through the new employer, Company A.

But you can keep the priority date for the new PERM and I-140/green card application as long as the original I-140 is not revoked by the SUCIS for fraud or misrepresentation.

No letter by Company B is required for this process.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 1 year ago.
Are you sure of your answer ? as I am not satisfied with it ...
Expert:  Expert James replied 1 year ago.

Thank you for your response. Please remember you are not rating whether you are satisfied with the outcome. I cannot control the outcome. I am only here to give information. I do not make the law or make determinations on the outcomes of your case. I am only providing you information as a messenger, based on what the law allows.

What, exactly, are you unsatisfied about?

Expert:  Expert James replied 1 year ago.

And yes, I am sure about my answer.

Here is information from another professional source, that says exactly what I have told you: http://www.murthy.com/2011/12/10/changes-in-employer-employment-and-green-card-processing/.

Look at Example 2, and then read the section that says "Can the I-485 be Filed in Such Examples?" You will see that it says the following: "... if there is no job offer from [the original sponsor of the PERM/I-140] (or the foreign national does not wish to work for the original sponsoring employer), the I-485 case may not move forward via the [new sponsoring company's] job offer; [The new sponsoring company] would have to file a new PERM LC and I-140 containing the terms and conditions of its job offer.

So as you can see, the information I provided you was correct. And although I wish I could tell you what you want to hear, my job is to be completely honest with you. Otherwise, I could just tell you what you want to hear, and then you would have problems later and blame me for it.

please also note that the negative ratings are reserved only if I am rude or unprofessional. I believe I have been very cordial and nice, and I have answered your questions honestly and accurately, in a professional manner. Again, please do not put the blame on an outcome you did not want or expect on me, as I do not make these decisions and I do not make the law. I am just a messenger of information.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

Do you need more help or need me to explain anything else? PLEASE RESPOND.

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