FAQ: No loss of priority date if employer revokes I-140; Green card through future employer
Hello Rajivji,
I have my perm labor and i140 approved through EMPLOYER A (Consulting Firm). Priority Date June 2013. If I am going to change Employer, EMPLOYER A is going to REVOKE MY i140. I heard from your last conference call that i will be loosing my priority if i140 is revoked by employer.
i am close to 5th year of H1. so cant take chances. If i move to FT position in the next 6 months and say my current employer revokes i140. I will not be able to get extension for H1 beyond 6 years.
So i approached another employer , EMPLOYER B (Consulting Firm) who is willing to Start New GC process.
1)can i continue working for Employer A while EMPLOYER B initiates new GC process for me.
2) is it possible for me to clear the PERM and i140 Stage of GC process of Employer B while still working for EMPLOYER A.
3) I may or may not join EMPLOYER B. As i am in the process of looking for FTE position.
a) Say i moved to EMPLOYER C (FTE) and i have never worked with Employer B and have 140 approved with EMPLOYER B . Can i come back to EMPLOYER B in future when my priority becomes current. Employer B is don't have any intention as of now to REVOKE the GC.
4) i also heard about rejections in PERM. Can EMPLOYER B start 2 different GC process for me and file 2 PERMS at the same time.
5) If EMPLOYER B start 2 different GC process for me and file 2 PERMS at the same time. Does it have to be same position or 2 different positions.
6) does it costs anything for the Employer to hold an Approved i140, once the employee leaves the company. As i see few Employers dont revoke the GC process when an employee leaves the company. Few Employers revoke the GC process as soon as the employee leave the Company