I140 approved - returning to old employer

[sanjsax]

I had my I-140 approved in 2009, based of which i got my H1-b extension post 6 years. I got an H1 b ext for 3 years - all this happened with employer A. I switched jobs post this and moved to company B after they applied for my h1 transfer. Its been close to an year now and my GC processing ( employer B will have to file for a new labor/perm etc) has not started. I want to shift back to emploter A; I have the following questions ...

1. Does Employer A need to apply for a H1 transfer again for me to go back - since i already had a H1 with them valid till 2013 but was transfered to employer B?

2. Since My 1-140 was approved with employer A and they have not revoked it - will they have to redo labor/perm etc or can I resume from where I left - that is wait for my priority date to become current?

please advise.

thanks

[Support_Immi]

Hi,

a. Yes, your previous employer will have to file for your H1 transfer as you are no longer on Company A payroll and they are not your H1b holder. Currently, on your I797(H1b approval) your employers are Company B.

b. If Company A has not revoked your I140, there is no question of re-applying for the gc process again, as you already have an approved i140 from Company A. So, check with your Company A if they have revoked your I140 or not. If they have, then you will have to re-apply for a new gc.If they have not revoked, then you have to wait for your priority dates to become current.

Pl note, i'm not an attorney, this is just a suggestion. Pl contact your attorney for further clarifications.

[rbib0309]

Pririty Date Porting

Resurrecting this old thread to clarify on an important aspect of job change with I-140 approved.

In PD porting with approved I-140 for job change scenarios, let's say in the time it takes for company B to file perm, get perm approval, file I-140 and get I-140 approval the PD becomes current. What are the options available in that case?

Company A [employee has quit] - with whom I-140 was initially approved and it wasn't revoked.
Company B [Employee is working here] - with whom I-140 is still pending meaning - PD porting is still not complete.

Can the beneficiary file for I-485 based on the fact that PD has become current although not working at the time for Company A?
If yes, is this something he needs to do on his own or through Company B where he currently works?


If no, then does he need to go back and join Company A and then file for I-1485 EAD while the PD is still current for him? Any idea how much time PD typically remains current. I know for some time back dates progressed to 2009 for some time and then retrogressed back to 2006.

At what point does he need to be working at Company A while the I-1485 is under processing or that is not required at all?