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Switching employer after I-140 was filed

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  • Switching employer after I-140 was filed

    Hi,
    I went thro the related forum to seek an answer for my question and i dont think i saw one and hence posting this question.

    I am with a Company A. Labor was approved end of Feb2008 and I-140 was filed in Mid March 2008. I am in EB2 category. Now the company is not doing good and i am on bench. I got 2 good offers and both these companies are willing to continue the GC process by refiling I-140 again and continuing with the approved labor.

    Is this really possible?
    If so, how soon do they have to file the I-140 and what are the necessary documents that i need to get from company A.

    Please respond or if there is a similar question please point me to that direction.

    Thanks

  • #2
    They have to file a new labor and a new I140 upon approval. Only thing they can do is to capture your old Priority date from the approved labor. They cannot continue on the old labor though.

    To capture the PD, you need a copy of I140 or approved labor.

    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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