Questions related to Recapturing PD

[jengazoo]

I have an I140 filed by my ex-employer with a PD of June 2011 in Eb2 category. The perm was filed with Sr IT Analyst Opportunity with a salary range of $X. I need to recapture the PD. I have joined the new emploer with a IT Project manager title. 

 

1.      In order to recapture the PD should the new Perm be filed by the new employer for the same position, salary as the old perm filed by ex-employer?

2.      Can the title/position be different?

3.      Can the salary be higher than $X?

4.      Will I be able to recapture PD for filing Perm if the ex-employer revokes I140?

 

I really need your answers. Appreciate all your guidance.

[pontevecchio]

1. No

 

2. Yes

 

3. Yes

 

4. usually.

 

If you want to discuss specifics please give the firm of Murthy or any of your choice a call. The new company Lawyer should also be able to guide you.

[JoeF]

The PD can only be recaptured if the I-140 is approved.

[jengazoo]

Yes the I140 filed by ex-emploer is approved