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Can my employer file a PERM/I-140 (EB-2) for a new internal job although a prior approved I-140 exists (EB 2; current job)?

Atlanta, GA |

I am a physician (Indian citizen). I am on a H1. I have an approved I-140 for my current position.

A new job is available (with the same employer) that is substantially different from my current position. If the second job is different enough, will a new application invalidate the approved I-140? This specific question arose because the second PERM process has not been started yet and I am reaching my six year limit in June 2014. At present, as I understand it, I can get a H1 extension based on a prior approved I-140.

If INS revokes the approved I-140 on receipt of a new application, that may leave me with no approved I-140 as a basis for extension. From all I have read, such a revocation seems unlikely. Is there a specific USCIS rule that addresses this?

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Attorney answers 4


A new petition does not invalidate a prior one.

Also, there is no INS. Perhaps you are referring to USCIS.

Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through

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.


The filing of a subsequent petition does not cause the revocation of the previous. Please consult with an immigration attorney for additional information.


Filing a new I-140 petition will not invalidate the prior petition.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


The previous 140 is still valid. You can use it to get a 3 year H1 extension. Then, during these 3 years, file for a new green card petition based on the new position.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.