I-485 can be filed on previous company approved I-140

[jainus99]

My I-140 is approved with company A and company B is planning to buy out my services from company A. Company A will give in writing that they will not revoke my I-140.

If everything goes fine then I will join company B full time, they will transfer my H1-B and file my green card from start.

Question 1: Before my new I-140 will approve and priority date become current, if it possible then I can file for I-485 (next step ) with my old approved I-140 ?

Question 2: Can you please suggest what all precaution my new attorney needs to take, so that i will able to retain my old priority date?

with your extension experience, I am sure you can give me some tips so that I can make sure that new attorney will do, so I will not face any issue to retain my old priority date.

[JoeF]

The I-485 would only be possible if company A offers you a job again. You'd have to go back to company A when the I-485 is approved.

[Umesh T]

1. Once you move to company B, your GC application via company A is no longer valid. You will have to start with PERM processing and then I-140 through company B.

However, if your I-140 via company A was approved *before* you jumped employer, then you will retain your Priority Date from company A's I-140 even when you file the GC paperwork from scratch at company B, or C, or D etc ...

2.  Your old priority date will be retained. Your Immigration Lawyer will know what to do.