I am working for Company A and I got an offer with Company B. Company B is in the process of filing my transfer. Company A already filed my PERM on October 2, 2017. Currently, PERM processing is September 28, 2017. So if I get my PERM approved and apply I140 (Premium Processing) with Company A (I am still working for Company A), Can I still transfer my I140 if it is approved (without the 180 days thing). I am super confused. Please Help!!
Thanks in advance.
If the PERM and I-140 with Company A are approved, then this locks in your Priority Date. You will need a new PERM and new I-140 with Company B but can recapture the Priority Date on Company A's approved I-140.
The "180 days thing" applies in the context of the employer's ability to withdraw the petition for H1B extension purposes. Even under the old version of the regulations, you could use the priority from the first petition when the new employer filed, unless revoked for fraud or misrepresentation. You might want to talk to an immigration attorney for your specific situation and advice. There are many really good immigration lawyers in Florida. You can find them here on AVVO.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
You should either direct this question to company B's immigration lawyer and/or consult with an immigration lawyer on your own. Also, you need to check with Company B to determine if they are willing to sponsor you for permanent employment / lawful residence. Of course, you could always return to Company A to acquire the employment-based green card if the offer of employment remains after you leave and still stands if and when the I-140 is approved. Good luck!
I-140(s) are not transferred like H-1B(s). The new employer starts the process all over again from recruitment efforts, to filing PERM and then I-140 after PERM is approved.
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. You are encouraged to seek independent and private counseling for a complete review of your case.
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