I am working for employer B . But just got an email from my previous employer A that my perm was approved and should they file my I-140?
what are the implications of doing that?
if my I140 is approved by my previous company can I port is to my current company?
The employer can file its I-140 petition based on certified PERM if it believes that it will employ you on an indefinite basis in the future, i.e., when you receive your green card.
The priority date of an I-140 petition can be ported if Employer B starts the GC process from the beginning through the filing of PERM. In addition, Employer B can file H1B petitions requesting extension of status beyond 6 years in 3 year increments based on an approved I-140 petition through any employer. Consult with your current immigration attorney for case specific advice.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter, nor should it be viewed as establishing an attorney client relationship of any kind.
They can proceed with the I-140 to the extent they intend to offer you permanent employment. "Porting" works after an application for adjustment of status is filed and has been pending at least 6 months, provided certain conditions, not apparent here, are met.
Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.