flyby001 Posted September 7, 2011 Report Share Posted September 7, 2011 Greeting to all. Can someone please help me with the best choice available to me. My PERM and I 140 filed under EB2 are approved with my ex employer A. My priority date is Nov 2009. My ex employer has not invoked my I 140. My present employer B has filed my PERM under EB3 and it has expired. I have not filed my I 140 with my new employer. I have recently filed for my H1 B extension while with the new employer B and have got the extension for 3 years, I also have been to Canada for my Visa stamping and have got it for 3 years. What are the possible ways to carry forward my last priority date. a) Join back with my ex employer seems to be straight forward. b) Can I again file the PERM with the new employer and follow it up with filing the I 140 and claim the priority date of Nov 2009 (got while with ex employer). Would appreciate any inputs. Regards Link to comment
redgreenbluee Posted September 7, 2011 Report Share Posted September 7, 2011 please consult a lawyer. both options are valid. Originally posted by flyby001: Greeting to all. Can someone please help me with the best choice available to me. My PERM and I 140 filed under EB2 are approved with my ex employer A. My priority date is Nov 2009. My ex employer has not invoked my I 140. My present employer B has filed my PERM under EB3 and it has expired. I have not filed my I 140 with my new employer. I have recently filed for my H1 B extension while with the new employer B and have got the extension for 3 years, I also have been to Canada for my Visa stamping and have got it for 3 years. What are the possible ways to carry forward my last priority date. a) Join back with my ex employer seems to be straight forward. b) Can I again file the PERM with the new employer and follow it up with filing the I 140 and claim the priority date of Nov 2009 (got while with ex employer). Would appreciate any inputs. Regards Link to comment
flyby001 Posted September 7, 2011 Author Report Share Posted September 7, 2011 Can someone please help me with my question. Link to comment
Belle Posted September 7, 2011 Report Share Posted September 7, 2011 b) You can't file them yourself, your employer will need to file them. Yes, it is possible, and you have done it in the past, so I don't understand why the confusion. Link to comment
flyby001 Posted September 8, 2011 Author Report Share Posted September 8, 2011 I PLAN TO ASK MY EMPLOYER TO FILE ME UNDER EB2 THIS TIME. SO MY QUESTION WAS DO I NEED TO REVERT BACK TO MY EX EMPLOYER IN ORDER TO CARRY MY PRIORITY DATE FORWARD OR CAN I STAY WITH MY PRESENT EMPLOYER AND STILL CAN TAKE THE PRIORITY DATE OF THE PERM FILED WITH MY EX EMPLOYER (NOV 2009). THANKS. Link to comment
Belle Posted September 8, 2011 Report Share Posted September 8, 2011 Once I-140 is approved, your PD belongs to you regardless of when you use it and with which employer. Link to comment
redgreenbluee Posted September 8, 2011 Report Share Posted September 8, 2011 please consult a lawyer. the beneficiary of an approved I-140 can retain/port the established PD. Originally posted by flyby001: I PLAN TO ASK MY EMPLOYER TO FILE ME UNDER EB2 THIS TIME. SO MY QUESTION WAS DO I NEED TO REVERT BACK TO MY EX EMPLOYER IN ORDER TO CARRY MY PRIORITY DATE FORWARD OR CAN I STAY WITH MY PRESENT EMPLOYER AND STILL CAN TAKE THE PRIORITY DATE OF THE PERM FILED WITH MY EX EMPLOYER (NOV 2009). THANKS. Link to comment
flyby001 Posted September 12, 2011 Author Report Share Posted September 12, 2011 Thank you all very much for your answers. Link to comment
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