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Can one employee's approved I-140 be given or sold to another employee in the company

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  • Can one employee's approved I-140 be given or sold to another employee in the company

    My I-140 was approved in 2008. But due to personal reasons I went back to India in the year 2010. I have been working in India since 2010 till date (2021). Now I am thinking of moving to USA on H1B. My concern is if my approved I-140 was dedicated to me or was it given/sold to another employee in the company, as I understand I-140 is not on employee's name.

    thanks in advance !!!

  • #2
    Hi,
    If you got I-140 Approval then it is yours. Unless your Employer withdraws (with current rule, Even if Employer withdraws your I-140 petition, you can recapture the priority dates whenever you file another I-140 petition with any other Employer) or USCIS denies the petition, it will be valid for ever.
    I-140 can not be transfer to another company or sell to another Employer. I-140 approval usually contains with particular beneficiary name.
    Thanks

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