I-140 Filing on the basis of Perm with Old Employer


greatguy1978

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My Perm was approved with old employer EmployerA. Then I changed my job to new employer EmployerB. My new employer Employer B is ready to file my GC but I am reaching completion of my 6 years on H1 soon. I have following questions

- Can I file my I-140 with new employer EmployerB on the basis of Perm approved with old employer EmployerA ?

- Can I file my I-140 with old employer EmployerA even if I have left EmployerA and working with other new employer EmployerB currently ?

- What are other available options suggested if None of the above works for my scenario ?

Any suggestions/recommendations would be appreciated.

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In general, an individual may be the beneficiary of an I-140 filed by an employer with whom the beneficiary does not currently work. An I-140 cannot be filed by an employer on the basis of a PERM certified for another employer, in most circumstances absent some sort of corporate change (acquisition, merger, etc) between the two employers. A personalized strategy is best discussed with an immigration attorney during a legal consultation.

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