I 140 clarification

[civildevil]

Hello All,

My I-140 is approved with Company A yesterday. Now i have a full time offer with Company B.

1) Can i join comapny B immediately and i want to use the Priority Date from Company A.

If i cannot join immediately to use the date, how long should i stay with Company A and can transfer to Company B to use the priority Date

2)If employer of Company A knows about my transfer. Will he cancel my I-140. Is it possible to cancel I-140 ever?

3)Can i use the priority Date from Company A, even if they cancel my I-140?

Please suggest/clarify.

Thanks

Krish

[Attorney_20]

The permanent job offer with Company A is for future employment to commence upon approval of the I-485 application. You can work for Company B now in a nonimmigrant status (e.g., H1B) but once the green card case is approved, you must begin working for the green card sponsor.

If Company B wants to be your new green card sponsor, they will need to file another labor (if applicable) and I-140 petition.

It is possible for an I-140 petitioner like Company A to withdraw an approved I-140 petition, resulting in automatic revocation of that I-140. In certain circumstances, current guidance from USCIS makes it possible for the beneficiary to retain an earlier priority date for a new case as long as the approved I-140 is not revoked for fraud, misrepresentation or some substantive reason (e.g., the I-140 was not approvable in the first place).

You and your employer should consult an experienced immigration attorney to explain your green card options.