rahulmot Posted August 5, 2011 Report Share Posted August 5, 2011 My old employer (employer-A) filed my I-140 application. I changed to new employer (employer-B) just one month before I-140 got approved with employer-A. Employer-A told me that they did not withdraw this approved I-140. Is my I-140 with employer-A still valid? Can I use the Priority Date on approved I-140 from employer-A? My worry is that I am not employed with employer-A when I got the I-140 approval. Link to comment
Attorney_17 Posted August 20, 2011 Report Share Posted August 20, 2011 The H-1B reflects a person's current status while the green card application is for a future job. A person can work for Company B in H-1B status while he or she is being sponsored for the green card by Company A. If Company A does not withdraw the I-140 petition, then such a person should be able to retain the earlier Priority Date for a future green card case. Link to comment
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