I-140 approved PD not current - Change of employers


dasariis

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Posted

I have an approved I140 through Employer A but PD is not current (Jan 2011).

Employer B has offered a full time position but cannot confirm if GC will be filed in EB2 or EB3 until I move.

If new employer B files under EB2, i think, they can port my date (ideal scenario for me)

My question is If Employer B files under EB3

1) Assuming Employer A does not revoke my I-140, can I return to my previous employer A later and continue my EB2 process on old PD.

2) Assuming Employer A revokes my approved I-140, can I return to my previous employer A later and continue my EB2 process on old PD.

3) Assuming Employer A revokes my approved I-140, can I start a new/fresh labor application and port the old Priority Date

4) How long can an employer keep the approved I-140 open. Will they asked by authorities to cancel such I-140s.

I would like to move to the new employer but keep the option of being able to get back to the old employer if things dont work out (or just decide not to move). Any suggestions are appreciated!!

Posted

1. Yes

2. Yes, but A should start process all over again with new PERM, then I-140 etc.

3. Yes.

4. Infinite time, no questions from anyone. It's not like H-1B. However employers usually revoke I-140 to close the open position.

Posted

Thanks for the quick response.

"3) Assuming Employer A revokes my approved I-140, can I start a new/fresh labor application and port the old Priority Date"

I have heard that with option 3 there is a 50:50 chance of getting the old PD and it depends on who processes the case.

Is this true or is there are greater possibility of getting the old PD?

I understand that, legallly, we should get the old PD as long as the I-140 is not revoked for 'fraud or misrepresentation'.

Also,

If I want to pursue the new labor application through a different employer (say Employer C), what details or documents will I need? (I dont have the Labor approval document from Employer A but have a scanned copy of the approved I-140)

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