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Is it fraud to get I-140 approved only for PD?

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  • Is it fraud to get I-140 approved only for PD?

    Hi,
    I work for company B now and have an approved I-140 from them.

    However, the company A that I used to work for contacted me as my previous labor thru company A got approved. If they apply for I-140 on my behalf I can get an earlier PD.

    Is it ok from the legal perspective if I ask them to proceed for I-140 petition but do not join them? Once the I-140 is approved if I do not like the offer from company A, can I use the PD to file I-485 through my current company B?

    Could this be construed as fraud as my intent to join the company A is not solid at time of I-140 filing? I read that only if the I-140 is revoked due to fraud the PD is lost and hence the question.

    Plz. advise.

    Thx.

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