Move back to old employer that holds I-140

[abansal]

Hi Mr Shah,

I have a question related to I-140

I was employed with Employer A for 4.5 years and they filed my labor and I-140 is approved with PD May 2011. I left Employer A in August 2014 and joined B immediately. Employer B has not started the perm process (with porting included)

1. Now if I move back to Employer A, would they need to start GC process again. Employer A has not revoked my i-140 as they wanted to hold in case I decided to join them back in future. Note that labor was filed under EB2 - Senior Software Engineer and I am joining back with them as project manager. Line of work remains the same. I had promotions in between as well, so whatever was initially mentioned in labor did not stand valid even when I was with them as promotions are bound to happen.
Keeping this in mind, do you think restart of GC would be required?

2. H1b transfer - they would again do an H1b transfer as they had revoked the H1B. I have all the pay stubs and there was no break in between.

[shahpeerally]

If the I-140 is still alive, then you should be able to use it down the road for a GC. However, you might have an issue on the position offered once the AOS becomes current. You can go ahead and file a transfer. If you want us to ****yze further please call 5107425887