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I was working with Employer A, and in parallel Employer B filed by PERM. Just before my max out of H1B I got my H1 Transferred to Employer B and left USA while payroll ran for 2 months and my I140 also got approved with Employer B. While I never quit Employer A I left australia with work permit. Now I explained them about my I140 and they agreed to file H1B subjected to non cap(no-lottery) but are saying that legally they cannot file PERM/I-140 using the same priority date with my approved I140 from employer B. any reasons for this??
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