reg filing I 140 and changing employer


rockks

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Hi,

I am presently an employee of a desi consulting firm and working as a consultant to a client, my employer has recently filed my labor for GC process and it was approved.

I am following up with him regarding filing I 140, for which he said he would do that in a month's time.

Now i got a opportunity as a full time employee for a company and i am interested in taking that, my H1 B extension is under process so once it gets approved I want to shift to this new company.

As my GC labor is approved I am trying to press my employer to file my I 140 so that i can quote this date once i move to new employer

Now my question is it definitely required for my present employer to file my i 140 when he is holding my H1 or can he also file after i transfer my H1to new company ?

if it is required to file I 140 when i am on his H1, then can i quote the date even though i am not on his H1 when my I 140 gets approved ?

Can somebody pls. reply to this.

Thanks.

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Generally, the PERM process is for future employment and therefore it is not required to work for the sponsoring employer when preparing and filing the PERM application, I-140 or I-485 petition. Therefore, your current employer could file an I-140 petition on your behalf even if you are no longer employed by them, as long as the filing of the I-140 is legitimate regarding a future position. If you have additional questions please contact a qualified U.S. immigration attorney directly.

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