I 140 Generic Question


akshith09

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Hello,

 

I have few clarification related I140, here it is,

 

Scenario:

 

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 a Manager/Executive role we will file it on EB2.

Since Client A is a good leading firm and have good benefits.

 

Question 1:

 

What if I am joining the Client A and doing GC in EB3, in that situation can I retain the PD of my previously approved I40 from my old employer. 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 be the cause if I change from EB2 to EB3?

 

Question 2:

 

In future if I want to move from Client A to some other Client can I use the PD of my previously approved I40 from my old employer? Please advise.

 

 

Thanks!

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