EB3 with approved I-140. Can I file EB2 with another employer

[sugnani77]

Hi,

I have an approved I-140 / EAD with a priority date of March 2006 but under EB3 with current employer.

Is it possible to use this PD and file under EB2 with another employer(future employment) while continuing to work with current employer?

Appreciate your response.

Thanks,

Starman

[Belle]

You can have as many I-140s as you wish.

[Attorney_20]

You can still potentially adjust based on the original green card case as long as the original I-140 remains approved. Pursuing a new green card case with another employer should not affect the validity of the original case.

[sugnani77]

Thanks Belle/Attorney 20 for your quick reply.

Will I be able to use the PD of the original GC? Can you tell me when do we usually use this PD? Is it while filing new I-140 or LC?

Thanks

[Attorney_20]

Generally, you can retain an earlier priority date for a new employment-based green card case if the initial I-140 was approved and not revoked for cause (i.e., meaning it was not approvable when filed).

After the new labor is certified, a request to interfile, or replace, the old EB3 I-140 petition is made when the new EB2 I-140 petition is filed (which must be done within 6 months of the labor certification). USCIS should confirm the priority date retention request on the new I-140 petition's I-797 approval notice. Then you file the I-485 whenever that PD becomes current.

[sugnani77]

Thanks Attorney 20.

Will I still be able to work with the old employer after receiving the new I-140 from future employer?

My plan is to join the new employer only after receiving the GC.

Thanks

SK

[Attorney_20]

You can still work for the "old" employer (or any other U.S. employer for that matter) as long as your maintaining nonimmigrant status that allows you to work (e.g., H1B). As you point out, the green card case is for future employment and you are only required to start working for that employer upon approval of the green card.

[sugnani77]

Thank you very much Attorney 20. Appreciate your reply.

I have one more question:

You stated that "a request to interfile, or replace, the old EB3 I-140 petition is made when the new EB2 I-140 petition is filed"

I was wondering if my current employer will come to know that I have filed a GC with other employer when we file for PD transfer?

Thanks

Sugnani

[Attorney_20]

The I-140 petition itself asks if another immigrant petition was filed on behalf of the beneficiary (you). If yes, the I-140 petition instructs the petitioner to provide information about the previous case (Receipt Number, date of decision, etc.) The new petitioner would need this information to accurately complete the I-140 petition.

[JRG-GC]

Hi Attorney 20

I am in the similar situation like sugnani77.My 485 already filed under EB3 and I am working on EAD.My question is that will the new EB2 process with a new employer(future employment) will have any impact on my current EB3 485 case.In case,my EB2 140 denied ..will my EB3 485 case continue to process or not.Please advise on this.

Thank you for you responses on this thread.

Regards,

JRG-GC

[Attorney_20]

JRG-GC - The processing of the new I-140 should not affect the old approved I-140 case.

[JRG-GC]

Thank a lot Attorney 20. Appreciate your response.