View Full Version : I140 noid

12-07-2009, 01:07 PM
One of friend filed GC through Company XYZ in EB2 category and I140 was approved in Aug 07. Moved to company ZYX and filed AC21. Recently he got a NOID stating that the company XYZ (who initially filed his GC) work place has not enough place to accommodate the employees.

As he already moved away from his initial employer XYZ, does this pose any problems to his I140? What are his options now? Does any one in the same situation?

12-07-2009, 03:21 PM
I140 is always tied to a single employer. unless an accompanying I485 is filed that I140 is useless. The only benefit is the priority date can be potred from that approved I140. If he had filed AC21 did he submit a EVL through his new employer?

Assuring thing about AC21 is to be done during the representation change of attorney while submitting G28. That way the AC21 documents does reach one's file for sure. That is what attorney Murthi recommends. I followed the same.

12-07-2009, 04:06 PM
He did submit the EVL from the new employer.

How would the Priority date ported, if his approved I140 is going to be revoked? If it is possible, can you provide more info on this?