I140 Pending but change of employer

[mumbai007]

Hello All,

I am in my 5th year of H1B and also my employer has initiated my GC process (PERM approved and 140 is in pending status).

I have an opportunity to join full time with a company but below are my questions and i sincerely appreciate if you guys throw in your 2 cents...

1. Legally can i change employer's if i have a pending I140 ?

2. Does my old employer technically has to withdraw a filed I140 if i am chaning companies?

3.Luckily if my old employer doesnt withdraw then can i use my PD with my new employer when ever the old I140 is approved?

Thanks n cheers.....

[pontevecchio]

1. Yes

2. No. His choice

3. You etain the PD even if the I-140 is revoked except for fraud.

[mumbai007]

Thanks Pontevecchio.. appreciate your responce on this sir....

[coolabbu]

Thanks Pontevecchio for the info.

Regarding the 3rd point: how can I retain my PD, if my I-140 is still pending with previous employer, and the same will revoke my I-140 after I leave the company?

[pontevecchio]

"how can I retain my PD, if my I-140 is still pending with previous employer, and the same will revoke my I-140"

This is the way the USCIS has been dealing with this issue. Just the way it is.

[coolabbu]

"how can I retain my PD, if my I-140 is still pending with previous employer, and the same will revoke my I-140"

This is the way the USCIS has been dealing with this issue. Just the way it is.

[coolabbu]

what documents should I need to retain my PD, in this case, when my I-140 is pending and my previous employer revoke my I-140 when I change my employer.

[pontevecchio]

Assuming a new LABOR/PERM is filed for you by another employer you will be able to retain the PD at the time of filing the new I-140. Proof that you have an existing I-140 would be good to have.