Filing I 485 based on ex employers approved 140

[flyby001]

Greetings. Can some one please help me with my below question. Would appreciate a quick answer.

My PERM (filed under EB2) and 140 were approved while I was with employer X. I subsequently changed to employer Y and filed my PERM under EB2 which was approved. After the 6 month period it has expired. My attorney has filed for my H1 extension based on my approved 140 with employer A. I am going to Toronto for my visa stamping next month and my attorney says that I will get a 3 year extension.

Present employer Y is not ready to file my PERM again under EB2. Can I use the Priority date with employer A, with whom I also have an approved 140 to file my 485 as and when my date becomes current. Regards.

[lookingintoit]

I suppose Employer X and Employer A are one and the same.

If Employer A is letting you join once the green card is approved, and you intend to join, then you can file I-485 based on approved I-140. However, if you plan to use Employer A's I-140 for claiming an earlier priority date, then you should have PERM and I-140 filed again with the new employer (Employer Y or anyone else). You cannot just file I-485 directly without an approved petition (I-140).

[Attorney_6]

Very unfortunate that the LC was allowed to expire.

The I-485 can not be filed based upon employer "A"s I-140 unless employer A is still offering the job described in the LC/I-140. (And the applicant is willing to return to work for employer A.)

[prakash1957]

Thank you very much for your response. I intentionally did not file the 140 as my PERM was filed under EB3 with the present employer. Worst come worst would like to work with this current employer for a couple of years and if he still is adamant to file me under EB2, would like to get back to my ex employer, provided he has not revoked the 140.

Can you please tell me how I can know if my ex employer has revoked the approved 140. In fact my attorney says he has filed my h1 extension based on the approved 140 with the ex employer.

Thanks and anticipating an early response.