Risks of EB3 to EB2

VJdude

Registered Users (C)
Lets I have I-140 approved thru company X in EB3 category with jan 2003 priority date. And lets say a new company Y is ready to apply for the PERM in EB2 and then I-140, while I continue to work for company X. As I understand I can port the priority date from company X to new I-140 application for company Y.

Is there are risk of loosing/revocation of I-140 or priority date from company X , as a result of new application for I-140 thru company Y ? Will this jeopardize my existing GC process thru company X ?
 
help ...want your opinion

Gurus,

Thanks for providing information(which is so hard to get even from lawyers). I have some questions regarding change of employer after 1-140 is approved and H1 is extended with current employer.

I am assuming I can file LC and I-140 with new employer as a future employee and use my PD from current LC for filing 485.
1. If someone needs to file LC/I-140 with a new company before joining that company, how do you produce proof of exeprience with current employer ?
2. If someone files LC/I-140 with new employer before joining it, will his/her current company came to know about it(they may want to revoke my I-140) ?
3. Once my new I-140 is approved, does it matter if my current employer revokes I-140 ? Would they loose LC by revoking my I-140 or it will be available for someone else to use ?
4. What are the requirements for EB2 in PERM ? And how long its taking for PERM ?

Thanks in advance. This forum is a savior.
 
My understanding is that your old I-140 should not be revoked before your new I-140 is approved. Otherwise you'll lose the old PD.

Ask your prospective employer to do a Perm. Submit a copy of your old I-140 with the new I-140. When the new I-140 is approved, say goodbye to your old employer.

VJdude said:
Lets I have I-140 approved thru company X in EB3 category with jan 2003 priority date. And lets say a new company Y is ready to apply for the PERM in EB2 and then I-140, while I continue to work for company X. As I understand I can port the priority date from company X to new I-140 application for company Y.

Is there are risk of loosing/revocation of I-140 or priority date from company X , as a result of new application for I-140 thru company Y ? Will this jeopardize my existing GC process thru company X ?
 
whats is the chance/scenario in which that original I-140 gets canelled or revoked as a result of some problem with new I-140 application. If you loose the orignal I-140 you won't be able to fall back on original employer's green card processing.
 
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