when does an I-140 expire ???

[toprasad]

I received my I-140 approval under EB-2 category on Sep 30th 2001 with employer A. Now I am employed by employer B but would wish to use the previous I-140 for consular processing (it was originally for consular)

1) Any timelines for I-140 expiration?
2) What are the obvious problems trying to go for consular after 2 years?

 

[nkm-oct23]

Originally posted by toprasad
I received my I-140 approval under EB-2 category on Sep 30th 2001 with employer A. Now I am employed by employer B but would wish to use the previous I-140 for consular processing (it was originally for consular)

1) Any timelines for I-140 expiration?
2) What are the obvious problems trying to go for consular after 2 years?

If your previous employer does not have the job open then you cannot use previous I-140. Your current employer will have to file for a new I-140.

 

[Jim Mills]

There is no expiration per se but failing to pursue a GC for 2 years certainly raises potential questions regarding job availability and intent.