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Move back to old employer that holds I-140

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  • Move back to old employer that holds I-140

    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.

  • #2
    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
    Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV.


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