i140 petition

[sunny256]

Hi

I was working with Employer A for 11 years and had a GC-I140 applied priority date 2011 Aug and right now i moved to Employer B with H1B transfer and i140 approval. i like to know if we can maintain priority date/petition - I140 with Employer A if at all the dates move as my Employer B cannot apply GC atleast a year or so.

I like to see if its possible to maintain my I-140 with Employer A and what steps have to be taken by Employer A if at all he is ok to do so.

Its just that if the dates move well and i see my priority date within a year from now ...what are my chances/steps to have/get the GC-EAD.

do i have to move back to Emp A if dates get moved for EAD-GC ?

 

Thanks,

 

[Mav777]

Yes the priority date can be ported to Employer.

The gc process is independent and for a “future” job so you can take up employer A gc if the job is still offered and open.

late 2011 priority date becoming current in an years time? That may be fantasy but doesnt hurt to hope.

 

[gopalakrishnach]

if we can maintain priority date/petition - I140 with Employer A if at all the dates move as my Employer B cannot apply GC atleast a year or so. --- YES...

[User099]

You should be able to maintain the PD from your old employer with new employer's I140. Emp A need not do anything, you need not even inform him of this.

Emp B will file PERM and I140 and at that point they will be able to port your old date. 

For GC EAD, you will need your I140 to be approved for Emp B. 

[sunny256]

if at all Emp B takes 2 yrs for applying PERM and if dates move within 1 yr ...can i switch back to Emp A and get my GC EAD.

what is needed from Emp A to make this happen?

Does he have to main anything active for this ?

 

[User099]

He will have to keep the I140 active if you want to go back and apply thought emp A. If not, Emp A will have to apply again.