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I-140 approved with old employer. PD current. what to do??

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  • I-140 approved with old employer. PD current. what to do??

    Hello,

    I have I-140 approved from my old employer(based on which I already got
    my 3 yr. H1B extension for my new employer)

    I recently found that my priority date has become current and trying to
    explore options on what to do.

    Can I ?

    1) Go back to work for old employer? In this case can the old employer
    file I-485 directly? or do we have to go through the LC -> I140
    process again?

    2) Can the new employer file for I485 ?? or do we have to go through
    LC -> I140 route again??

    3) ... Any other viable option which can be explored here ... ???

    Many thanks
    Regards
    Vin

  • #2
    anyone?

    Hello,

    Does anyone have any insight on this issue? Please let me know if I didnt make myself clear. Any other place where I can get some advise on this issue?

    Thanks

    Comment


    • #3
      1. Can be done. Can file 485 directly if the same position exists.
      2. New employer has to start over from Labor and use the PD of older labor to file your I140.

      Based on the timing, #1 seems to be the only option.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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