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Filing a new I-140 petition with my new employer

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  • Filing a new I-140 petition with my new employer


    I have landed in a strange situation for which I couldn't find any suitable answer online.
    1. My previous employer (A) has filed I-140 (in EB2) and it was approved but I never received the I-797 approval copy for it.
    2. With in 180 days, I found a better job and moved to my current employer (B).
    3. After moving to employer B, I requested them to file a new petition for I-140 since I did not know if the employer A had withdrawn the I-140 application. I have reached out to employerA and also their attorney asking if they had withdrawn the petition or is it still active. I didn't get a clear response.
    4. Up on my friends suggestion, I have requested a FOIA with USCIS asking for a "copy of I-797 for the approved I-140" (filed by employer A). It came back with "No Records Found".
    At this point, I want to get back to employer B's attorney with this FOIA response I received and ask them to file a new PERM and I-140 petition. My question is, what are the implications if a new I-140 is filed by my employer B even though the old one is still active (by any chance) ? I am not concerned about porting the priority date but I just want to know if it is okay to have an existing I-140 active (from previous employer) when we are applying another one (by new employer). Thanks for your advice.

  • #2
    You can have as many I140s filed for you as you want. Each one is independent of the others.
    Just an opinion; Not legal advice.


    • #3
      Thanks for your response scientist2016