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Suppose, someone working at CompanyA gets a better offer and…

For Guillermo,Suppose, someone working at...
For Guillermo,Suppose, someone working at CompanyA gets a better offer and changes the employer within a month after receiving I-140 approval and joins CompanyB. Now if the previous CompanyA doesn't withdraw/revoke the I-140 approval within 180 days, then can that person be eligible to retain the Priority Date whenever the CompanyB files Green Card process, as because the I-140 approval was not withdrawn/revoked within 180 days or was wathdrawn/revoked after 180 days?
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Answered in 3 hours by:
3/24/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,335
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Yes, that is the way that it is supposed to work. The issues arise if the I-140 is withdrawn before 180 days go by after approval. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 3 months ago
it's not necessary the person has to be with the same company for 180 days, with whom his/her I-140 was approved? As long as, it was not withdrawn before 180 days, he/she should be able to eligible to retain PD and transfer or extend in future beyond maxout based previously approved I-140 eventhough he/she changed the employer who sponsored the I-140?

No. Not at all. Remember, the I-140 is for FUTURE employment. You don't even have to have ever worked for the Petitioner in the past. So it is not necessary to be with ANY Petitioner that filed the I-140. And yes, retention of the PD is still possible under what I have already described.

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

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Customer reply replied 3 months ago
How will the candidate know if his/her approved I-140 was withdrawn by his/her previous employer before 180 days without asking the previous employer?

He can check online if he has the receipt number. If not, he can always ask the employer, but the employer is under no obligation to release that information. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 3 months ago
Do you mean, the receipt number of the previously approved I-140? Or the receipt number of the new withdrawal request by the employer?

Of the approved I-140.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,335
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 3 months ago
Got it. Thanks.

Thank you!

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