doe14 Posted April 15, 2014 Report Share Posted April 15, 2014 Hello folks, I'm in process of transitioning to new job, new h1b. My current employer filled I-140 this year and it was approved recently. So is there I-140 transfer process or new employer has to initiate fresh PERM process? I'm confused with other posts where people say that if it's a similar job and title, in that case it can be transferred but I don't understand this process very well. If new employer need to start new PERM process and suppose it gets rejected, do I loose my priority date of EB2 category? Or priority date is forever for me to keep. Your response will be appreciated. Link to comment
rahul412 Posted April 15, 2014 Report Share Posted April 15, 2014 If your previous employer continues to process your GC then you are good. If not new employer has to do from scratch but you can port your old PD. Link to comment
doe14 Posted April 16, 2014 Author Report Share Posted April 16, 2014 If your previous employer continues to process your GC then you are good. If not new employer has to do from scratch but you can port your old PD. Thanks for your reply. Can new employer process PERM (labor + I-140) using my PD without affecting old employer approved I-140? If my old employer doesn't revoke my I-140 then does it mean once my priority date becomes current, I can apply for I-485 using this approved I-140? I guess it boils down to this, can there be 2 different I-140 applications from different employers for same PD? For example, old employer wants me join them back down the road then it would be nice if already approved I-140 can still be used for processing I-485. Link to comment
rahul412 Posted April 16, 2014 Report Share Posted April 16, 2014 Thanks for your reply. Can new employer process PERM (labor + I-140) using my PD without affecting old employer approved I-140? If my old employer doesn't revoke my I-140 then does it mean once my priority date becomes current, I can apply for I-485 using this approved I-140? I guess it boils down to this, can there be 2 different I-140 applications from different employers for same PD? For example, old employer wants me join them back down the road then it would be nice if already approved I-140 can still be used for processing I-485. I don't know about 2 I140's. But if your old 140 is still valid then you can file 485 when your PD is current. Link to comment
doe14 Posted April 16, 2014 Author Report Share Posted April 16, 2014 Can anyone else shed some light on two I-140s for same beneficiary? Link to comment
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