I-140 clarification

[rc10]

Hi all,

I need small clarification regarding I-140

my employer A filed my PERM and i moved to employer B.

I am planning to take the receipt and go for my H1B extension with employer B

for some reason - if i want to go back to my old employer (A) - can i go back and work for employer A? is the labor and I-140 will still be valid and priority date is retained? (assuming employer A does not cancel or withdraw them) with employer A.

thanks in advance

RC10

[JoeF]

An I-140 can only be filed within 6 months of the PERM approval. If you no longer work for A, it is unlikely that A will file an I-140.

[rc10]

Thanks JoeF for the reply.

Since PERM is for future employment - is it illegal if A goes ahead and file for my I-140?

Assuming he applies for my I-140 and it is approved, can i make use of it with employer B?

Thanks,

RC10

[aboppana]

Employer A should file I-140 within 180 fays of PERM approved. if your still in that 6 months period, and employer A files your I-140, why would you want to move to emp B, as emp B would have to start it allover. I am not sure if it would make that big of a difference in retaining your PD in this case, may be a couple months. instead you current employer B can start the the PERM immediately.