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vighnesha

485 filing -based on previous employer i-140

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Hi

I worked with my previous employer 5 years & my priority date is May 2009 & i-140 approved in EB2.

recently my previous employer laid me off & myself found another employer , who is filing my labor this month.

my question, as the dates are current can I file for 485 using my previous employer i-140,. attoreny says we can file 485 using my previous employers i-140 , is this correct, or will it leads to any issues to the present employer LABOR filing... , also not sure whether my previous employer revoked my i-140 / h1.

Appreciate your help.

Thanks

Vighnesh

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Your previous employer revoked the I140 as there is no intent for future employment.

You cannot use a revoked I140 to file for I485.

You will have to start over again however you can retain the PD from the previous employer.

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