I140 Approved with Company A ,Changed to Company B


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My i140 is approved last year with Company A and Changed my the job recently to Company B.

I have my new H1B approved till next year 09/2012(1 more year) though the attorney tried to quote the i140 approval from company A .If I apply Labor/PERM thru Company B, Worst case if it goes on Query or rejected.

Can i come back to Company A after 6 months from now? Since they have Labor and I140 approved.

What happens if the Company A revokes the i140, Can i still come to them? Please advice.


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Thanks for your answer.

I mean "Come to them" is : Again shifting my employer from Company B to Company A. Example if my Labor with the New company goes on query or rejected then I would have to go back to India by Sep 2012 , So to stay back here in the US and work for Company A .Can i shift my job back to Company A , and continue to be in the US for few more years Since Company A sponsored my GC and My I140 was approved with them (hopefully the company A does not terminate my GC Process).

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To stay in the US you will need legal status. Assuming your AOS is not pending, you need to figure out how to maintain status with the employer of your choice. The same for work authorization - you either need to transfer H1 or have an approved EAD if you are changing employment. Please understand that employment and immgration sponsoriship are separate legal concepts, and change in one does not necessarily means change in another.

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The green card case Company A filed for you is for future employment, so the answer to your question depends on what Company A's intentions are for the future. Do they intend to employ you in the permanent job offer listed in the PERM application upon approval of your I-485? If so, that green card case is still valid. If you are currently working for Company B, C or anyone else, you will have to return to Company A upon approval of your I-485. Otherwise, USCIS could rescind your green card since the bona fide job offer with Company A no longer exists.

If Company A withdraws the I-140, you will not be able to adjust status with Company A unless they file another immigrant petition for you. However, you may still be able to retain the earlier priority date for use in a new employment-based green card case in the future as long as the I-140 wasn't revoked for fraud or some other substantive reason.

You should discuss your case and employment options with an immigration attorney who can advise you on all your options for obtaining a green card.

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