Staring PERM with a new company with approved I-140 of my old company.

[Kris01]

 I worked in US with my old company from 1996 to 2000. I came back to India in Dec 2000. My I-140 was approved in February 2001 and I recently checked my I-140 case status in USCIS website it shows as it is still valid. I have my I -140 receipt notice.

I don't have a copy of my approved I-140. I had contacted FOIA online  for a I-140 approval copy they asked to contact my old company to get the copy but my old company which I had filed my I-140 no longer exist.

I have a copy of my I-140 Receipt Notice. My question is can I use my I-140 Receipt notice document to file PERM  with a new company and port  my old approved  I-140 priority date ? I would appreciate an early response to my query.

[cyberlord]

I suppose you have to stay with the employer (who filed your I-140) for atleast 180 days after your I-140 gets approved. I think the location has to be in the US.

Since you returned to India in Dec 2000 and I-140 was approved only after that, chances are that you may not be eligible to claim that approved I-140. I'm not sure about this.

Please seek attorney advice.