| Q. |
I-140 PD transfer
I have EB2 India i140 approved from old employer with PD Dec 2005.
If I request transfer of PD while applying for i140 with new employer -
1. For whatever reason if current employer's i140 gets rejected, do I lose old i140 and old PD ?
2. If I end up leaving current employer before filing 485, and current employer revokes new i140, do I lose old i140's PD also?
Can I transfer PD at the time of filing i485 with current employer when old PD (Dec 05) becomes current, and current employer's i140 is not yet approved. Note - This scenario, PD transfer not requested while applying for i140 with current employer.
User's Location:
Cupertino, California, United States of America
Category:
Employment-based Green Card
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| A. |
1. For whatever reason if current employer's i140 gets rejected, do I lose old i140 and old PD ? - NO
2. If I end up leaving current employer before filing 485, and current employer revokes new i140, do I lose old i140's PD also? - NO
3. Can I transfer PD at the time of filing i485 with current employer when old PD (Dec 05) becomes current, and current employer's i140 is not yet approved. - NO
Note - This scenario, PD transfer not requested while applying for i140 with current employer. - It does not matter: in order to be able to file AOS and use the first I-140's priority date both I-140s have to be approved and the PD of the first I-140 has to be current. |
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Yana Tkachenko
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111
www.emvisa.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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