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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

 
 
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Old 09-26-2010, 09:38 AM
Senior Member
Priority Date
:
Oct-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Aug 2007
Posts: 136
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Default old I-140 still remains valid if new one is denied?

I am on h1b visa in my 6th year. My previous employer had applied for my GC under EB3. My I-140 was approved from old employer with the PD of october 2007.Now, my new employer is going to file the GC under EB2 but the lawyer is not sure if the I-140 would be approved (since its EB2). My question is:

If the new I-140 gets denied due to any reason, will my old I-140 still be valid (under EB3). The old I-140 has not been revoked or withdrawn. My new employer has applied for my h1b extension (beyond 6th year) on the basis of my previous approved I-140. pls do reply. thanks.
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