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My i140 has been approved on dec 7th 2017. My current

employer has decided to transfer...
My i140 has been approved on dec 7th 2017. My current employer has decided to transfer me to another branch in malaysia. I requested them to allow me to get my green card which is in it’s last stage ie 485 change of status. However they are not willing to as they know that my job location will change to the other location outside US.
I am currently on an L1a visa with my family staying with me. We live in Houston Texas.Can u please let me know if it’s possible for me to file for my i485 on my own and if yes how shud I go about it.Thanks for any lead that u cud provide to me wid be much appreciated.
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Customer reply replied 4 months ago
My current L1avisa expires on 18aug 18
Answered in 4 hours by:
3/3/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,395
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Unless you are nationally or internationally recognized in your field, you cannot self-petition. What country were you born in? What is the Priority Date of the I-140? It looks like it was approved less than 6 months ago. What level of education do you have?

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Customer reply replied 4 months ago
I have a bachelors degree in computer science and the approval is less than 6 months old. Is there a possibility of me getting a green card?
Customer reply replied 4 months ago
How do I check the priority date of my i140
Customer reply replied 4 months ago
The i140 application itself was approved on 7dec17

Not through that petition. The Priority Date is basically around the date that it was first filed. The I-140 is the property of your employer and you can only move it to another employer IF the I-485 has already been filed (meaning that the Priority Date is current on the Visa Bulletin) AND the I-485 has been pending longer than 180 days. In your case, if you move on either before or after the I-140 has been pending longer than 180 days, a new employer would still have to file a new PERM and new I-140 for you. If your old employer does not withdraw the I-140 before 180 days after approval, then you can use the Priority Date of the old I-140 with any new I-140 that is filed for you.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 4 months ago
Guillermo thanks for ur response. You said that if my current employer does not withdraw the i140 within 6 months of the approval, then if I have a new employer, my green card processing cud take off from where it left , on the same i140 or wud the i140 approval have to take place again on a new i140 application. Meaning let’s say that the new employer is willing to take me but not on a managerial role due to the economic situation and offers me a non managerial role what wud it mean? Wud it mean that I go right behind in the priority queue or wud I be able to use the priority date of the old i140? How do I find out the priority date of my current i140. It was filed on Aug 18th 17. I have a receipt of the approved i140.

A new employer can only use the I-140 of a previous employer AFTER an I-485 is filed connected to the old I-140 and only after the I-485 has been pending longer than 180 days. A new employer can use the Priority Date of the old I-140 as long as it is not withdraw before 180 days of being approved. The Priority Date of your old I-140 should be on the filing receipt. It's basically around the date that the I-140 was filed.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

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Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,395
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
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Customer reply replied 4 months ago
Guillermo, when I read my I140 approval, it says that the applicant can go ahead and apply at any center with the I485 application and the associated fees. My company has not canceled my I140 and some of the officials have asked me to check if I could go ahead and support the expenses on my own and apply on my own - in such a situation how do I go about it.

How long has your I-140 been approved for? Will you go to work for that petitioning employer upon approval of the I-485?

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Customer reply replied 4 months ago
Guillermo Its been approved for 3 months now [Dec 7th]. Yes I would still be working for the same employer. How long would it take to get the I485 processing done and what would be the expenses that I would have to bear - approximately - if you could guide me

As long as they do not withdraw it before 180 days from approval, then you can use the Priority Date if another company files a new I-140 for you. The I-485 is $1225 and will probably take a year or more to process.

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Customer reply replied 4 months ago
thanks very much for your information and support

My pleasure!

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Customer reply replied 4 months ago
Can I speak with you
Customer reply replied 4 months ago
hi - can we chat via phone?

For a very very brief, chat, yes.

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Customer reply replied 4 months ago
calling you now

Ok.

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Customer reply replied 4 months ago
sorry my battery ran low
Customer reply replied 4 months ago
call you in around 5 mins

Ok.

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Customer reply replied 4 months ago
thanks a lot for your advice - much appreciated

My pleasure.

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Customer reply replied 4 months ago
one final question sir.. this is the scenario - let me know what is the outcome..
I apply for my I485 status on 23rd Mar '18 by going to the nearest center and pay the fees for me and my family of 2 dependents.
me and my family leave for the other destination by Jun of this year '18.
My L1a visa expires in Aug '18
in oct '18 an RFE is requested from my company and they refuse to give one.
am I eligible to come back to the US to look out for another job at that point
will they allow me to come back in?
please advise

One final question? Sure, as long as I don't to answer anything else no matter what my answer to your FINAL question is. If the I-485 is denied, and you have no time left on your L-1, then you have to leave the U.S. To get more time on L, you would have to be outside for at least 1 year. Similarly, you cannot get an H visa either unless you have been outside at least a year. Good luck!

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Customer reply replied 4 months ago
thank you. that was the last you would hear from me for some time. thanks once again - have a good evening

No problem. But I ask that if you need additional help, please start a new session and write FOR GUILLERMO. Thank you!

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