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Using previous I-140 for green card processing when switching back to original employer?

Arlington, VA |

I switched my H1B from employer X to Y, and now I am going back to employer X by transferring my H1B. Before I left employer X, I had my I-140 approved in EB-3. Can employer X reuse the same I-140 or do they have to restart the entire green card process including labor?

Attorney Answers 3


  1. This is more of an Immigration question. Let me put you in touch with the sharp minds of US Immigration practice.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.


  2. They can, if did not revoke it before. Talk to their attorney.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. Your approved I-140 is still good unless previously withdrawn by petitioner.

    You just have to wait until your priority date becomes current before being able to file an I-485 for a green card. Unfortunately, as you probably know, if both your and your wife are natives of Hindustan that date might never arrive on the EB-3 category for you.. You will just need to receive H-1B extensions in 3 year increments, that's all.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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