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gmdraju

Reuse Previous employers EB2 I140 for Interfile at new company

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I have a generic question. If an employee has both I140 EB2 and I140 EB3 approved with company A. Later filed I485 through EB3 I140 and received EAD.

Questions:

1. If the employee transfers to Company B on H1B. If the dates in EB2 become current, Can Company B directly interfile without a new EB2 based I140 approved? Can Company B reuse Company A's approved I140 to interfile? What is the procedure in this case?

2. If the employee transfers to Company B with the underlying EAD from EB3 I485 pending AOS. Can Company B directly interfile without new EB2 based I140 approved, in a sense can Company B use the Company A's approved I140 in EB2 category? What is the procedure in the case?

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An I-140 can never be reused by another company. The only thing that can be reused is the PD. Company B will have to start the process from scratch, with a new PERM and a new I-140.

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