Can I file I-140 Premium Processing while waiting for LC (PERM) approval

[jsatya]

Hello Expert advisers,

Please help with the following questions,

Employer A:

- Labor Approved

- I-140 Approved EB2 with PD August 2008

Employer B:

- Changed employer on January 2011.

- Started Labor in April, 2011 and filed my PERM (LC) on October 10th, 2011 Still waiting for LC approval

- Planning to file I-140 Premium processing

Questions,

1. Can I file I-140 PP with my employer B while waiting for LC approval?

2. If the Priority Date becomes current next month even though my Labor is pending, can I file i-140 and I-485 concurrently?

3. If the current priority date move forward then my Priority Date (August 2008) before my Labor and I-140 gets approved, will my Priority date become invalid?

3. If none of the above possible, can I switch back to my old Employer A and file my I-485?

Thanks in advance,

Satya

[aboppana]

You cannot apply I-140 from new employer unless your LC is approved. You can file 485 based on LC/140 from your old employer, if your PD becomes current. if you wish you can file another 140 after your new LC approved, and port your PD.

[jsatya]

Thanks(adoppana) for your reply,

I spoke to my HR (Employer B), as per his advice,

If my PD becomes current, I can wait till my LC gets approved and file my I-140 and 485 concurrently. When filing 140 and 485 concurrently, my old priority date will be ported to my new I-140.

I have one more question:

1. If I want to file 485 with my old employer(Employer A), do I need to transfer H1B to back to Employer A and become a employee?

In current scenario, my old employer (Employer A), does not have direct clients and I don't want to take a risk by switching back to my old employer and it may happen that USCIS can ask for RFE for a purchase order and I will be nowhere!!!.

Thanks

Satya