basement加厕所要多少银子# Living
E*2
1 楼
之所以问这个问题是因为：从目前的排期看，似乎很难说将来EB2 和EB3，哪个会快些
。所以不想失去EB2 的 I－140。
曾经在这里发帖问过，得到的回答是：新雇主需从头申请，打广告，Perm，直到 EB2 I
－140。
但我前几天和我的律师又交流此事。她认为，原来的I－140 仍然是有效的。
Copied 她的回复在下面。对她的回复，我很疑惑。所以，很想听听这里大家的意见。
My questions:
Q1： 她的认识对吗？
Q2： 是不是，只要原雇主同意，new雇主就可以take over， 像我的这个律师所说。
我的情况是：new company 和 old company （ I am currently in）是一个大公司的
不同 divisions。是merging together 的。律师说，USCIS consider them as
completely different companies. 所以 old company 不会不同意 new company
take over。
（下面的内容有一些是重复的）
(Her first answer)
If you change to New Company, an H-1B transfer would need to be filed (
unless you work for them under your EAD). Also, they'd need to take over
your Green Card case. Once your I-485 has been pending 180 days, you could
transfer to them and they can take over the Green Card application (we would
send a letter to the USCIS explaining that they are taking it over).
However, if you change to New Company before your I-485 has been pending 180
days, New Company would have to start over the entire Green Card process
for you, including Prevailing Wage, recruitment, ETA9089 (PERM), and I-140.
(After this, I want to make sure.)
Q1: "Once your I-485 has been pending 180 days, you could transfer to them
and they can take over the Green Card application (we would send a letter to
the USCIS explaining that they are taking it over)." -----So this means I
can get my GC under EB3 category without redo anything. Right?
A1: Yes, we'd just file a letter with USCIS saying New Company is taking
over your Green Card case from Old Company.
Q2: So, if I join the New Company after 180 days, can I still link I-485 to
my EB2 if needed later?
A2: Yes, once your EB-2 priority date is current again, we can email the
Texas Service Center to remind them that you have an EB-2 I-140 that is
current, and to ask them to link the pending I-485 to it. They would have
already received the letter from New Company saying they are taking over
your Green Card case.
All that matters is your I-485 is pending more than 180 days before you
transfer to New Company.
We would advise speaking to your HR about this and whether they would allow
New Company take over your Green Card, and whether they would want to
transfer your H-1B to them.
(After the above answer, I stated my concern more clearly.)
According to your answer, as long as pending more than 180 days, the WHOLE
GC package can be taken over to another employer, including the original EB2
I-140 under previous employer??
My previous concern was: The EB2 I-140 is belonging to the previous employer
and it cannot be taken over to the new employer. So this thinking is wrong?
I heard of this from some other people.
What I heard of is: if I change employer, I can still get the GC under EB3.
But if I want to go under EB2 category again, I need to go through the each
step, including Prevailing Wage, recruitment, ETA9089 (PERM), and I-140,
again. Once all have been finished (it would take at least 1 year; that is
not what I would like to do), then I have a new EB2 I-140 with my new
employer, then I can get the GC under the EB2 category again.
(Her final answer)
Both your EB-2 and EB-3 I-140s are still valid, no matter what. Once your EB
-2 priority date becomes current again, I was going to request the USCIS
link the pending I-485 back to your EB-2 case (they may do this on their own
anyway since they have your case file and A number and they see you have
two I-140s).
AC-21 (changing Green Card employers) does not change this. In fact, the
purpose of AC-21 is to preserve the underlying I-140. We do advise that your
EB-2 and EB-3 I-140s, both of them, would be okay if New Company took over
your Green card case.
When your EB-2 priority date is current, I would still email the USCIS to
link your pending I-485 to it, even if you have moved to New Company at that
time.
We don't want you to be worried about this; we are confident your EB-2 Green
Card would still be okay and New Company would not have to redo the Green
Card process.
。所以不想失去EB2 的 I－140。
曾经在这里发帖问过，得到的回答是：新雇主需从头申请，打广告，Perm，直到 EB2 I
－140。
但我前几天和我的律师又交流此事。她认为，原来的I－140 仍然是有效的。
Copied 她的回复在下面。对她的回复，我很疑惑。所以，很想听听这里大家的意见。
My questions:
Q1： 她的认识对吗？
Q2： 是不是，只要原雇主同意，new雇主就可以take over， 像我的这个律师所说。
我的情况是：new company 和 old company （ I am currently in）是一个大公司的
不同 divisions。是merging together 的。律师说，USCIS consider them as
completely different companies. 所以 old company 不会不同意 new company
take over。
（下面的内容有一些是重复的）
(Her first answer)
If you change to New Company, an H-1B transfer would need to be filed (
unless you work for them under your EAD). Also, they'd need to take over
your Green Card case. Once your I-485 has been pending 180 days, you could
transfer to them and they can take over the Green Card application (we would
send a letter to the USCIS explaining that they are taking it over).
However, if you change to New Company before your I-485 has been pending 180
days, New Company would have to start over the entire Green Card process
for you, including Prevailing Wage, recruitment, ETA9089 (PERM), and I-140.
(After this, I want to make sure.)
Q1: "Once your I-485 has been pending 180 days, you could transfer to them
and they can take over the Green Card application (we would send a letter to
the USCIS explaining that they are taking it over)." -----So this means I
can get my GC under EB3 category without redo anything. Right?
A1: Yes, we'd just file a letter with USCIS saying New Company is taking
over your Green Card case from Old Company.
Q2: So, if I join the New Company after 180 days, can I still link I-485 to
my EB2 if needed later?
A2: Yes, once your EB-2 priority date is current again, we can email the
Texas Service Center to remind them that you have an EB-2 I-140 that is
current, and to ask them to link the pending I-485 to it. They would have
already received the letter from New Company saying they are taking over
your Green Card case.
All that matters is your I-485 is pending more than 180 days before you
transfer to New Company.
We would advise speaking to your HR about this and whether they would allow
New Company take over your Green Card, and whether they would want to
transfer your H-1B to them.
(After the above answer, I stated my concern more clearly.)
According to your answer, as long as pending more than 180 days, the WHOLE
GC package can be taken over to another employer, including the original EB2
I-140 under previous employer??
My previous concern was: The EB2 I-140 is belonging to the previous employer
and it cannot be taken over to the new employer. So this thinking is wrong?
I heard of this from some other people.
What I heard of is: if I change employer, I can still get the GC under EB3.
But if I want to go under EB2 category again, I need to go through the each
step, including Prevailing Wage, recruitment, ETA9089 (PERM), and I-140,
again. Once all have been finished (it would take at least 1 year; that is
not what I would like to do), then I have a new EB2 I-140 with my new
employer, then I can get the GC under the EB2 category again.
(Her final answer)
Both your EB-2 and EB-3 I-140s are still valid, no matter what. Once your EB
-2 priority date becomes current again, I was going to request the USCIS
link the pending I-485 back to your EB-2 case (they may do this on their own
anyway since they have your case file and A number and they see you have
two I-140s).
AC-21 (changing Green Card employers) does not change this. In fact, the
purpose of AC-21 is to preserve the underlying I-140. We do advise that your
EB-2 and EB-3 I-140s, both of them, would be okay if New Company took over
your Green card case.
When your EB-2 priority date is current, I would still email the USCIS to
link your pending I-485 to it, even if you have moved to New Company at that
time.
We don't want you to be worried about this; we are confident your EB-2 Green
Card would still be okay and New Company would not have to redo the Green
Card process.
