I140 from previous employer

[Vikas_Singal]

Hi All,

Can you please help me to understand below mention situation?

I have approved I140 from employer ‘A’ in EB3, however I have left employer A in January, 2021 and joined employer ‘B’. I got 3 years of visa extension while employer ‘B’ transferred my VISA.

Now, due to some internal policies employer B cannot apply my I140 in EB3 category and due to my education (degree is not equivalent to 4 years USA bachelors) they cannot apply my I140 in EB2.

And I am not eligible for EB1 since I am on H1B since 2013.

My question is:

• Can I keep getting VISA extension with employer ‘B’ on the basis of approved I140 from employer ‘A’; without applying I140 with employer ‘B’?
• Is it mandatory to have I140 with current employer or what would be consequences if I’ll not have I140 with employer ‘B’?

[Kalpesh_Dalwadi]

@Vikas_Singal

Can I keep getting VISA extension with employer ‘B’ on the basis of approved I140 from employer ‘A’; without applying I140 with employer ‘B’?

Yes.

@Vikas_Singal

Is it mandatory to have I140 with current employer or what would be consequences if I’ll not have I140 with employer ‘B’?

The only downside is that you won’t be able to apply for AOS/I-485 when your PD becomes current in future and if you do not have an approved I-140 from the employer you will be working with at that time.