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indrakg

Can employer file for a new I-140 2nd time using the same PERM that was used to file for first I-140 and withdrawn in the past?

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Hi All,

 

Currently I am with Employer 'B' on H1 status, recently I have moved to Employer B from Employer A. My previous  Employer(A) filed for EB2 I-140 using approved PERM which was approved. After that I left the company A and joined company 'B'. 

 

Recently Employer A has withdrawn my I-140 few months ago. Now I wanted to re join Employer A and re initiate my Green Card process. 

 

 If I join the company A again, in this case, is it possible to file a NEW I-140 with out filing a new PERM(Labor process).          

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I am not sure if you can reuse the PERM in your case but PERM is valid only for certain period of time. You can see the expiry date on the approved PERM application if you got the copy of it. Its usually valid for 6 months or So.

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I am in the same situation. But, my previous employer is saying that he will start from 140 and no need to start from perm. Not sure who is correct.

PERM is valid for 6 months. Ask an attorney & not employer.

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