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If Employer A withdraws approved I-140 then what happens to pending I-485? Will it still be linked to 2nd approved I-140 from B?

Aurora, IL |

From Employer A got PERM/I-140 approved in EB 3 and I-485 pending over 180 days. Still working with A.

From Employer B got PERM/I-140 approved in EB 2. I will work in future.

I got two approved I-140s in EB 3 and EB 2 from two different employers. Both approved I-140s got linked to same pending I-485 filed with Employer A.

I am thinking of moving to Employer B now and work for him.

Attorney Answers 4

  1. Good question. Complicated issue. Requires close analysis of facts. Theoretically speaking substitution is possible and done routinely but requires expertise of an attorney to be done right

  2. In theory, nothing should happen.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

  3. Complicated scenario. If you wish to port, have your case reviewed by a competent immigration attorney to check if the job fits the category.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

  4. You need to have an attorney conduct a detailed review of the facts.

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