akshith09 Posted January 24, 2015 Report Share Posted January 24, 2015 Hello, I have few clarification related I140, here it is, currently my I140 was processed and done by Employer A in EB2, he is the vendor of Client A and I am working as a contractor for Client A, right now the Client A is asking me to join in their firm as a full time employee and they informed me that they will file my I140 in EB3 only. I have asked them to file my I140 in EB2 so that I can join the firm. But they said that's our HR policy to file on EB3 until otherwise if you are Manager/Executiverole we will file it on EB2. Since Client A is a good leading firm and have good benefits. My question is, if I am filing my I140 in EB3 with Client A how come I can use my previous I140 done on EB2. Also whether switching between EB2 to EB3 is a problem ?since here we are downgrade the priority.Please advise which one is safe and what will cause if I change from EB2 to EB3? and how can I use my previous I140 on EB2. Also I have another question If I want to move from Client A to some other Client can I use my previous I140 on EB2 priority date. Please advise. Thanks! Link to comment
Developer9 Posted February 25, 2015 Report Share Posted February 25, 2015 Hi Akshith09, Just a suggestion for next time split your questions so that it is clear to understand and answer some one to clearly . In your case I can see two different situations 1.What are the consequences by switching from EB2 to EB3 ? 2.Employer A to Employer B change :Can we use previous I140 on EB2 priority date ? Comment:Yes ,As long as it is not revoked by USCIS for some whatever reason ,new employer 'B' has to file a fresh Labour. Again this is my comment ..consult legal advice for better decision Thanks Link to comment
pontevecchio Posted February 25, 2015 Report Share Posted February 25, 2015 You retain the PD of any approved I-140 for a subsequent EB filing in any category. This applies even were the I-140 revoked, in the absence of demonstrable fraud in the previous filing. This means a new PERM, etc. and you get to retain the PD. Link to comment
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