I-140 Priority Date Applicable?

[janatarmantar]

I started my Green card process in October 2010.I got Labour Certified.I changed companies when my I-140 was in progess.I am on a H1B visa with my current Company.I called my previous employer to find out if I could rejoin the Company.He was totally fine with it.He also said that he could reinstate my Greencard process, so that my priority date would be October 2010.Is this legally possible, since I left my old company in August 2011?

[shandan]

As long as the old employer had not withdrawn your I-140 (which was in progress), you still have your GC process in place with the old employer. Otherwise, you need to start from scratch (apply for Labor).

[sama15025]

Hi

I have similar situation

As of now I'm with My employer who applied GC and got 140 Approved.

2 Questions

Can I get the Approval copy from my employer saying 140 approved(My employer doesn't give me as he says its company policy/info and we dont give)

If I change my employer can I have my I 140 Transferred so that I don't loose my priority date.

Thanks,

Sam

[shandan]

@sama15025 - Ask your employer that they give you a photo copy of the approval (I-797) for the I-140, and that you do not require any other documents that they consider confidential. You should be able to get hold of the photo copy of the approval, and that is enough for all practical purposes. If that fails just use the application number for I-140 and raise a FOIA request with USCIS, to get the approval information.

I-140 is not transfered. Your new employer whould require to apply your GC as a fresh case starting with labor, but since you have an already approved I-140 with previous employer you should be able to retain the old PD in most scenrarios, even if the old employer revokes your I-140 because you left the company.