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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105158
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds eb3 140 filed in 2006 july when I was in india.mine

This answer was rated: eb3 140 filed in 2006 july when I was in india.mine was a schedule a green card physical sep.206 140 was approved but in Oct 2006 sch a gc became UA.I didnot had any contact with employer until this week which is 10 Years. I am a Canadian citizen now living and working in canada.I want to do eb2 gc as I have masters.
my ques is can I file as n other 140 with new employer
do I have to inform initial employer who g iled eb3 in 206
can the initial employer withdraw or revoke

Hello and welcome back. Please remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

Are you saying there was fraud committed on the previous I-140/GC process?

Customer: replied 7 days ago.

No fraud. Initial i140 was filed while I was in india in 2005 they introduced schedule A eb3 for nurse and physica l.therapist.a usa company filed to get gc for me.thy did in eb3.but eb3 back logged and became October 2006. My pd is moved on. I moved to canada and still here.

now I want to start eb2 with same eb3 pd date sep.2006. With a different employer

Yes. As long as that I-140 was approved and was not revoked due to fraud or misrepresentation, then a new employer can start a new GC process for you and you can use your old Priority Date. You do not lose your place in line.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Customer: replied 7 days ago.

Thanks.if I do.eb2 with new company do I need toget permission from.the company that filed eb3 140 in 2006. Alsoc does the company that filed eb3 has right to withdraw or revoke my 140

No. You do not have to get permission from the old company nor even inform them at all. And yes, the original company has the right to withdraw their I-140, but remember, I said as long as it is not revoked by USCIS due to fraud or misrepresentation, you can still use the PD.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Customer: replied 7 days ago.

Tx. Can I file eb2 if I find new employer for eb2 after they withdraw eb3 140.I mean can I use eb3 pd post withdrawal

If I use new employer before withdrawal of eb3 140,will the company that filed 140 in 2006 will be notified about my new eb2 actions

How long is typically process time for 150 without perm for occupations like physic as l therapist

Yes. I already explained that. You can use EB3 even after the original I-140 is withdrawn as long as it is not revoked for fraud or misrepresentation.

The old company will not find out about it.

Processing time for a PERM would probably 6 months to a year. For the I-140, probably 5 or more months.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Customer: replied 6 days ago.
Can I get TN visa with pending 140.especiaaly with second 140 under eb2 with new employer

No, you cannot get a TN visa with a pending or approved I-140 because the TN requires non-immigrant intent and you have clear immigrant intent. Sorry.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% to 40% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. That's the only reason I keep mentioning it. Sorry if it is a bother as it is not my intention. If you don't see the stars by my name, I think all you have to do is scroll to the top of the page or click on my name and they will come out. Thank you for your understanding.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you

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