Green card processing with approved i140 from previous employer

USA
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1

Hi,

My H1B was transferred to a new employer and I have an approved i-140 from my previous employer.

My new employer states, we can wait until the priority dates becomes current based on my i-140 and then port the i140 to the current employer and file for i-485.

Please let me know if you see any issues in this versus filing a new i-140 , retaining the priority date from previous i-140.

Am little skeptical with holding old i140 and relying on it for extention, Please advice.

Thanks
Purvitha

2

Hi @purvitha

There is no issue in doing what your employer is suggesting you.
You can wait to file a new i140 until your priority date is current.

The existing old employer i140 can be used to file extensions or transfers for as long as you want.

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Thanks Anil, would this “waiting to file new i-140 until priority date is current” delay my greencard processing - as i may need to wait for the i-140, Please let me know if this is confusing.

4

Hi @purvitha

i140 can be filed in premium and get result within 15 days. I don’t think it will delay your green card processing.

Also, you can file i140 and i1485 concurrently. Don’t worry. You are fine.

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I have i-140 approved in 2015 from my current employer X in EB-2 category. I worked with my employer for 3+ years after i-140 approval. I have got 2 extensions after i-140 was approved.
As after i-140 approval I stayed with employer for more than 6 months, my i-140 can not be revoked by my employer. Am I right?

I am planning to change job to join employer Y. First thing I will do is H1B transfer.
Am I looking at probable issue on H1B extensions based on i-140 received by my current employer X?

My new employer Y stated that we can wait until the priority dates becomes current based on my i-140 from current employer X and then port the i140 to the employer Y and file for i-485.
What is the process time for this porting? Shouldn’t new employer Y have to start entire green card process again (job posting-PWD-PERM-i140) for this porting?

Looking at EB-2 timeline, is it good idea to go back to EB-3? If so, will that cause issue in porting i-140?

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Hi @rj733

Your question is similar to the one discussed and answered above. Please read.

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Thanks for the answer Anil. However, I am still confused with the fact of i-140 porting.
After I move to new employer and when date becomes current, does my new employer need to do entire GC process again? I mean job posting then PWD then PERM and then i140?

Can my old employer be able to revoke my i-140?

Also can I ask my new employer to do that porting to move my case from EB-2 to EB-3 ?

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Hi @rj733

Yes, a new perm, pwd, i140 process needs to be done again by new employer for their own job.

You can file EB3 now if you want. That’s allowed.

Your old employer can withdraw i140 but you can still use it unlesa USCIS revokes it with remarka of ‘Fraud or misrepresentation’.

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Please correct my understanding:

Even though I have i-140 from old employer, I can keep getting extensions for H1B even though I move to n number of employers in futures. e.g. i-140 from employer X and I move to employer A, then B, then C…

How do I know if i140 is revoked or withdraw by employer or USCIS?

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You can see the i140 status online on USCIS website with i140 receipt number anytime.

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Hi Anil, thank you for all your valuable inputs.

Can you please provide your thoughts on the below points too?

  1. Is it worth waiting for me with the new employer for the priority date to be current and then start the new perm, pwd and i140 process? Because this whole process will take almost a year and then the dates may change right.

  2. What happens if I port my previous i140 to my current employer and what if I don’t port? Also what happens with my previous employer i140 if I port or not port?

  3. If I get my i140 with the current employer and if I join back my previous employer a year after i140 approval, does my previous employer need to go through the whole process and apply for i140 again?

Thank you.

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Hi @yashwath

Waiting is worth or not depends on your own level of comfort and your PD date.

i140 is for a specific job position. I your old employer can offer you same job in future, you can join them back.

If old employer’s job position also changes, then old employer would also need to file a new PERM and follow same process again.

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Thanks for the prompt reply, Anil.

So, does that mean porting priority date wont affect if I join my previous employer again right?

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Priority date is attached to your i140 approval. You can keep porting it as long as the i140 is not revoked by USCIS for fraud or misrepresentation.

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I mean if i port PD to my new employer and then join back my previous employer after a year or so, do they need to do new perm, pwd and i140 again?

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I think i have clearly answered your question in my last two replies. Not sure what else are you looking for.

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thanks anil, i understand that if previous employer’s job position wont change then nothing needs to be done and just file for ead once the PD is current.