Does LC substitution imply revokation of previously approved I-140?

[vinod_k_iyer]

I have an approved I-140 from a large public company. I wanted to shift to another employer (my PD is retrogressed though).

I plan to maintain my PD when I refile my PERM+I140 with the new-employer, by using a copy of the current I140 approval.

I wanted to know what happens when the previous employer uses LC substitution. Does it automatically void the I140 that was approved off of it? (any other incentive for the employer to revoke the I-140?)

Please let me know what the gotchas are.. links/citations would be great!

Thanks!

Vinod.

 

[nervewreck]

Vinod:

Thats an interesting point that you brought up. I dont think I have seen enough or convincing evidence in various postings about LC being reused by the old employer. To my understanding, your old employer could use your LC if it was not used to file for i-140. In your case the 140 was filed and approved. So, the LC is deemed to be "used" and cannot be re-used for another candidate.

There are various cases where people have successfully ported their PD when they filed for PERM+140 with newer employers. I guess it depends how convincingly was it conveyed to USCIS to port the i-140. A bottomline pre-requisite for this scenario is your old employer should NOT revoke your existing 140 approval.

Good Luck !
Keep us posted.