Query on Labor and I-140

S

shravathy

New Member
My H1B expires in November 2011. My current employer started PERM processing and is filing my PERM in July 2011. Though I left my previous employer in November 2010, he filed my PERM in the first week of January 2011 and it was approved in the third week of January 2011.

I have a couple of questions:-

1. Can the current employer file my PERM as I already have my PERM approved through my previous employer?

2. Another query is -
Would it be possible for my previous employer to file my I-140 though I am not working with them and my current employer might initiate the PERM process?

If a situation arises where my I-140 gets approved through my previous employer later, then Can my current employer use the Approved I-140/ case ID to extend my H1B visa. Does it mean I should work only for the employer through whom the I-140 was approved.


Would appreciate a prompt and clear guidance in this regard.
 
Eta 9089

Hi
My employer filed PERM with mistake in ETA 9089, he checked Bachelor Degree with major Medical Doctor for the proferred job instead of MD degree. Later on the attorney noticed that, the employer requested a change to DOL and BALCA through a letter. BALCA and DOL did not relpy but they approved the case.Now my ETA 9089 is approved but is defective, it needs MD for the job offer. My employer requested if possible to ammend the ETA 9089 certified, but DOL responds with instructions how to request a duplicate of ETA 9089. Can DOL change ETA 9089 with a duplicate request?
Thank you
 
1. Your approved PERM is probably lost.
2.Your former employer can file I 140 but you need an offer for a prospective job with your former employer, he is sponsoring your I 140 and GC, you need to work for him after GC approval
3. It is better to ask your new employer to file PERM and I 140
 
shravathy said:
My H1B expires in November 2011.
My current employer started PERM processing and is filing my PERM in July 2011.
Though I left my previous employer in November 2010, he filed my PERM in the first week of January 2011 and it was approved in the third week of January 2011.

I have a couple of questions:-

1. Can the current employer file my PERM as I already have my PERM approved through my previous employer?
---Yes
2. Another query is -
Would it be possible for my previous employer to file my I-140 though I am not working with them and my current employer might initiate the PERM process?
-------------- Green Card is for Future job. Your previous employer CAN file I-140 for you even if you are not working with them. Your current employer can also file new LC for you.
If a situation arises where my I-140 gets approved through my previous employer later, then Can my current employer use the Approved I-140/ case ID to extend my H1B visa.
--------------Yes, you need to have Evidence that I-140 for you was approved and provide the Copy of I-140 approval to Lawyer who is going to file H1 extension
Does it mean I should work only for the employer through whom the I-140 was approved.
----- if A filed LC for you then A filed I-140 for you and then you filed I-485 and I-485 is pending for 180 days then you can invoke AC21 and can work with Employer B who gives you same/similar job offer letter to invoke AC21. Read the AC21 Memo
Would appreciate a prompt and clear guidance in this regard.
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