I-140 Approved / Changing Employer

[john_nasch]

Hello! I have a Masters degree in Computer Science from the US and I am currently employed at 'Employer A' on an H-1B VISA. My I-140 immigrant visa petition filed by my employer (under EB2 category) has already been approved. That means that the priority date for my petition has now been locked.

Just recently, I got an offer from another employer ('Employer B') and I am planning on taking that offer. I have the following questions:

1. Can Employer B pick up my application where Employer B has left without affecting the priority dates??

2. If Employer B is unwilling or unable to continue my Greencard application for whatever reasons, can I move forward with the application on my own? If so:
    - Can I retain the priority date from my current employer?
    - What are the steps involved?
    - How much cost should I expect to accrue?

 

Thanks!

[pontevecchio]

1. The new employer needs to start from scratch and PD retention has become very unclear based on recent developments. Search the Murthy website for information. Usually it has been allowed.

 

2. You or any employer cannot take over a previous I-140.

[Desibuddy]

Hi-

 

Regarding the point-#2. "You or any employer cannot take over a previous I-140".

does this mean that -   A Employer cannot cancel the approved I-140 . Please confirm.

[pontevecchio]

A can revoke his I-140 at any time if he chooses. B cannot take over an I-140. He has to file his own.