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I-140 Portablility

Discussion in 'I-140 job portability' started by chirag1211, May 13, 2015.

  1. chirag1211

    chirag1211 Junior Member

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    Hi ,

    I have I-140 approved under EB2. Originally Company A filed my I-140 and got the approval, then after couple of years I was transitioned to Company B(subsidiary of Company A) and Company B filed a I-140 succesor-in interest petition for assuming all the responsibility for my approved I-140 and I received an approval for that as well.

    Now my question is if I plan to move back to Company A again will I be able to use the same original I-140 to file my 485 when date gets current, or Company A needs to restart whole PERM & I-140 process?

    Any help on this matter is really appreciated.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You need to consult with expert counsel on this. At a minimum, they would have to file a new I-140.
     
  3. mayan370

    mayan370 New Member

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    Hi Ron,

    I am following your posts since long but today I got a question for you:

    I just want to know, if I change my job after completing 6 years with approved i-140 then how soon the new employer should be starting my GC process again?

    As far I know he should be filing the PERM 1 year before expiring my H1B, but suppose I change my employer and got H1B extension for next 3 years, so in this case my new employer is having at least 2 years to file my PERM. Now I need help to understand what will happen if my new employer has not started my GC process and in between my previous employer revoke the i-140. In this case will I be in no status or my H1B still be valid and I can still use my previous priority date?
     

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