Holding multiple I-797 petitions

[naniusa]

Hi Guys. I have two approved I797's with company A and company B. I was working for comapany A till Oct 2012. I have approved I-140 with my old company A under EB3. I switched to new company (H1 transfer) in oct 2012 to process green card under EB2. But my EB2 I-140 is still in processing and i am not sure if it will get approved. Its taking very longtime. My H1B with company A is expiring in June 2013. If the H1B gets expired the company A will cancel my I-140. If my I-140 with company B also doesn't get approved then i will be in problem. So I want to go back to my old company A and apply for H1 extension and keep working there till my company B I-140 gets approved. Upon approval I want to work with company B. Let me know if this is valid.

Please provide your valuable suggestions.

[sk.january]

Unless your old 140 was withdrawn because of fraud or misrepresentation, even If your old employer withdraws the 140 you are still ok.

You need to have a copy of the old/approved 140 so you can still retain its benefits i.e. the PD and next 3 year extension after 6 years of H1B with any/new employer.

EB2 is being carefully reviewed post the 2012 visa-dates fiasco, so it might take some time for processing. You may also check on USCIS or an immigration attorney if you can utilize the 140 premium processing. 140 PP is sometimes resumed, so check if they are currently accepting PP under specific conditions.

The replies on forums are informational only, so get a good immigration attorney's advice before taking a decision.

Good Luck!!!

[0407]

If I 140 is withdrawn, priority date can still be retained but extension beyond sixth year is not possible.

[naniusa]

I have a question based on your reply. I have worked with company A for 6 years and with company A approved I-140 my H1 transfer to company B got approved for 3 years till 2015. Lets assume that company A revoked my I-140. My company B I-140 is still pending. If the company B I-140 gets rejected, then labor also gets cancelled. Now will I be able to apply 3 year extensions with company B after 2015. Or can i join another company C with the revoked I-140 from company A.