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Immigration Issues/I-140 and priority date with new employer

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Question
Hello sir,

I am working for a big MNC and My GC was filed in EB3 in 2010 and I 140 was approved. In 2013 they filed again in EB2 but still no status on PERM. Now i am planning to change company. I know new employer should file PErm and I 140 again but i am worried is there any chance my current employer can revoke old I 140? I mean can i use the old priority date still or there will be any objections from the current company. Do i need to have any copy of I 140 which i have to request from the employer? I need to be sure of that before i switch company. Please clarify.

Answer
Hi,

Yes, the new employer will need to file PERM and then I-140 after PERM is certified. The old priority date can be retained, however, only if the original employer does not revoke its I-140 prior to approval of the I-140 by the new employer.

You should provide a copy of the original I-140 approval to the new employer so that the new employer can request porting of the earlier priority date (even if the original I-140 was filed in EB3 and the new I-140 will be EB2), but again this porting of priority date benefit is available only if the original employer does not revoke its I-140 petition.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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