EB2 Switch back?


permaudit

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Hello,

 

I have my I-140 approved with Company A. Company B is offering to hire me full-time and is willing to sponsor under EB2 and retain my PD.

 

1. Once my PD is transferred what will happen to Company A's I-140 Approval?

2. If Company A does not withdraw the I-140 petition, would I be able to go back to Company A, assuming they have same position open? If so, do I have to go through PERM and I-140 again or can I use the exiting I-140 right away once I am hired back?

 

Thank you!!

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1. Nothing as long as A doesn't ask USCIS to withdraw I-140.

2. Sure, you can go back. No, you can pick up after I-140 i.e. waiting to file I-485 when your dates are current.

Thank you! That helps. I have a new offer and I am apprehensive to take it and start the EB2 process all over again, specially with the elections nearing(hoping there would be some good news with the EO)

 

I guess I will wait till something is concrete.

 

Thanks again!

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