I140 Process

[akshith09]

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!

[Developer9]

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

[pontevecchio]

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.