Approved i140 to take up by new Employer outside US

[SKunal]

Dear Sir/Mam,

I have an approved (EB3 category) i-140 from my previous employer and when I was in US. After coming to offshore (in India) I have changed my employer.

I have a copy of my approved i-140 but since I am still in India with my current employer, my current employer be able to take up my same priority date to continue with the Green Card processing while I am in India? Or I have to be in US ?

One another question, will I be able to upgrade to EB1 category?

 

[pontevecchio]

Your current employer will need to start the whole process from scratch though you can retain the PD.

The category depends on the job and your credentials.

[SKunal]

Thank you for the feedback.

Just a last question,

Am I allowed to start the process with the help of my current employer even if I live/work in India? Or I have to be in US only?

[pontevecchio]

It does not matter where you live. Any qualified company can obviously file PERM etc. for you.

[SKunal]

Thank you very much for the response.

So the qualified company can also upgrade from EB3 to EB1 category (if I'm eligible for EB1)?

[pontevecchio]

Nothing to upgrade. Each I-140 by each employer stands on its own. 

[SKunal]

Got it. Thank you, again!

So I shall be keeping my Same Priority date but re-apply Perm & i-140 with my current employer.

I hope the EB1 Managerial may not take longer processing with USCIS considering my EB3 Priority Date (applied from last employer) is from Nov 2013