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yuva1234

Move to a new company as soon as I-140 gets approved. Is I-140 still valid?

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Hi,

Please help me with the following question related to I-140.

Currently I am on H1-B and still I have 2 years on my H1B to complete 6 years. My PERM got approved in Nov 2011 and my company A filed for I-140 in Nov 2012.

Here are my queries.

1. Is it safe to move to a new company B, Once my I-140 got approved in the next 2 months (assuming the approval by apr 2013)?

2. If i move to company B in May 2013 ( assuming in apr 2013 my I-140 will get approved), can i still carry my priority date ( nov 2011)?

3. What are the chances that my current company A cancels my I-140 if I move to company B?

4. If company A denies to give my approved I-140 document, can i request USCIS for the original Doc?

Thanks in Advance

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Generally, an I-140 approval is valid indefinitely. An employer always has the option to withdraw an I-140 after an employee departs their employ, although there are under no legal requirement to do so. Traditionally, the USCIS has not made the I-140 approval notice discoverable via FOIA by the beneficiary of the I-140. Retention of the priority date is permissible between two approved I-140 petitions.

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Thanks for quick reply.

Please help me understand this question.

1. Is there any way that I can send my I-140 approval document to company B and make my priority date active before company A revokes my I-140?.

Thanks in Advance

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