View Full Version : Post I-140 approved options for rejoining employer..

04-01-2014, 03:23 AM
I got my I-140 approved in 2011 with a PD in 2011, but subsequently moved out of the country to Canada where I plan to stay for a while. I am still with the Employer that filed the I-140 but considering leaving soon.

I know my employer won't revoke the I-140 (it is a large company and the lawyers have said they never withdraw petitions) What I want to know is two things:

* If I ever rejoin this employer, can I reuse the PERM and approved I-140 from before? Do they get cancelled or something? I do understand I can keep PD but have redo the PERM if I ever move back to the States with another employer but what about rejoining the original employer?

* Switching employers but Extending H1 using I-140
Secondly, I do have an H1B with the same company that I never renewed past 6 years (because I moved to canada). Will I able to use the I-140 to extend the H1B (instead of filing a new one) if I take a job with some other company? I ask this because I see the cap becoming an issue every year, so I want to know what my options will be 2-3 years from now.

Basically, I am trying to figure out what I can do with the approved I-140 with Employer A (wrt to GC and H1) if I accept a position with another employer B. I plan to ask a lawyer if noone knows but I appreciate any thoughts here.