H1B transfer after I140 approval


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  • 3 weeks later...

From what I have heard from others and from this forum that If someone moves to a new employer after 140 approval his PD remains the same. Is it not true that PD will remain the same until the ex employer has not revoked the perm # and 140 # after the employee left the co ? Because there is no point for the ex employer to keep that record with USCIS if the employee has resgined. If that's true then how the new perm with new i140 with new employer can make use of old PD? Please explain, as I am in the similar situation.

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The law is pretty clear that if an I140 is not revoked the priority date transfers to another petition regardless of what other company filed it and for what position or where the new company's job is located. If the new company does nothing to file a new labor certification and then a new petition, then there will be nothing for the old priority date to transfer to!

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The law is pretty clear that once an I-140 is approved the PD of that I-140 is available for future use and the person retains the PD of the original I-140 EVEN if the original I-140 is subsequently revoked and retention is also allowed if the original I-140 is revoked before a new I-140 is filed. Everyone has their Off day.

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