I have a question my old employer had filed I 140 and 485 concurrently in 2007, 485 got denied, I left US and again entered US on new H1B in 2008, in 2011 My new employer has applied New I 140 and has a priority date as Jan 2012.
My question is can I use my old I 140 priority date which is not revoked by my old employer. Can I have 2 approved 140’s . Please let me so I can apply for 485 ASAP, if I can use my old 140 which has priority date of 2007
Q: My question is can I use my old I 140 priority date which is not revoked by my old employer.
A: Maybe, what did the new employer's immigration attorney, and NOT a NON-ATTORNEY in HR, say?
Q: Can I have 2 approved 140’s .
A: Yes, because these paper are not your property .. the employer owns them.
Q: Please let me so I can apply for 485 ASAP, if I can use my old 140 which has priority date of 2007
A: That is what the company's attorney can tell you.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
It may be possible to use the earlier priority date. You may also have two approved I 140s at the same time. You should be discussing these questions with the lawyer preparing the new I 140 for your employer.
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