I-140 transfer and Lobor filing related questions

[Gangadhar500]

Background: I am currently on a H1B visa and it expires in 2015.  I have an approved I-140 with a priority date from my previous company A (do not want to reveal the company names). And then I joined another company B, just 4 months back and started my Labor and new I-140 process again with them.

 

Here is my question:

My previous company A is asking me to come back and join them again. If I go back and start working for them, will my previous I-140 and Labor document that I have with them will still be valid? Or should I have to go through the new I-140 and Labor application process again since I moved out of the company for 4-5 months? (Note the Job Title and the Job duties are still the same that I used to do before, the pay rate would be a change here).

 

Please, can attorney/legal experts respond to my query??

[Attorney_11]

I-140 petitions are valid indefinitely. Individuals can go back to previous employers if they so wish, and if that employer already did an I-140 for them, the same employer does not have to repeat the process abwsent a material change in the employment offered on a permanent basis.

[Gangadhar500]

Hello, thank you for the response.

If I read your reply correctly, you meant that employer does not have to do the labor filing and re-applying for I-140 again if the job position details (Roles and Responsibilities) are the same. Please conform it.

 

 

Appreciate your feedback.

[Gangadhar500]

I-140 petitions are valid indefinitely. Individuals can go back to previous employers if they so wish, and if that employer already did an I-140 for them, the same employer does not have to repeat the process abwsent a material change in the employment offered on a permanent basis.

Hello - Thank you for the response. If I read your reply correctly, you meant that If I go back to my employer there isn't a need to apply for Labor and I-140 again as I already have the previous I-140 with them. And this is provided the job details (Roles and Responsibilities) remaining the same. Am I correct? Please confirm it?

 

Appreciate your feedback.

 

Thanks.