Employer change and I-140 filing with previous employer (prospective employment)

[dilip79kumar]

Hi,

PERM application ( filing date : Nov 2010) with employer A has been approved in Jun 2011. Took a job with employer B in Jun 2011.

Please let me know your insight into possibility of below things:

1. If a PERM application is approved that is filed by employer B and he files I140 by Dec 2011, can the previous priority date (Nov 2010) be ported

for the I-140 with Employer B

2. If employer A files I-140 for prospective employment and it is approved, can the priority date of Nov 2010 be used while filing I-140 with employer B

3. For filing I-140 for prospective employment, does employer A needs to retain the H1 or can he can cancel it

My case details:

Employer A filed EB2 PERM in NOV 2010

PERM is approved in JUN 2010 after reply to an audit

H1 with employer A expires in Sep 2012

Appreciate you comments

Thanks in Advance,

Dilip

[Attorney_20]

1. You would only be eligible to retain the earlier priority date if employer A filed for and obtained I-140 approval.

2. Yes, as long as the earlier I-140 is not revoked for any substantive reason.

3. Employer A does not need to maintain an H1B position for you in order to sponsor you for a permanent green card position. In fact, you do not even need to be present in the U.S. for a U.S. employer to sponsor you for a green card. However, if you are in the U.S., you should be maintaining your nonimmigrant status at least until you are eligible to file an I-485 application.