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wildcats

Is new PERM and 140 required?

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Hello Friends,

I work as a consultant with Company A. They have filed my GC (PERM and 140 approved) in EB2 with priority date 10/10/10. My H1B with Company A is valid and stamped until Jan 2015.

Company B has now offered me full-time.

1) Should Company B file for my PERM and 140 again? If 'Yes', I am guessing I can use the previous Priority Date when filing for 140. Is that correct? Is this true even if Company A withdraws/revokes my I140 and PERM?

2) I recently got visa stamp for my current H1B valid until Jan 2015. If I accept the offer and get a new H1, Do I need to get stamped again if I leave the country? Previously, 5 years ago I was in a similar situation where I did not get a new stamp and was allowed to enter USA with the previous stamp and new I797 but I know that a lot of things have changed recently and wanted to be sure about this.

Thank you for all of your time!

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1) Should Company B file for my PERM and 140 again? If 'Yes', I am guessing I can use the previous Priority Date when filing for 140. Is that correct? Is this true even if Company A withdraws/revokes my I140 and PERM?

- Yes, new company has to start GC from scratch - PERM, I-140 and yes you can retain your previous PD. I am not sure if I-140 revokes then you can retain PD or not.

2) I recently got visa stamp for my current H1B valid until Jan 2015. If I accept the offer and get a new H1, Do I need to get stamped again if I leave the country? Previously, 5 years ago I was in a similar situation where I did not get a new stamp and was allowed to enter USA with the previous stamp and new I797 but I know that a lot of things have changed recently and wanted to be sure about this.

- As long as you've valid visa stamped in passport you do not need new stamp for new company. while coming back you need to present new I-797 at POE.

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