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Help regarding I-140 and job transfer.

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  • Help regarding I-140 and job transfer.

    Hello,

    I am in this situation where I need some advice as I cannot go to my employer's lawyer. My H1B will be expiring in Oct 2012 and I just received (today) my Labor certification approval for my Green Card process in EB 2 (Priority date is March 2009 but it got audited and hence the delay). Now, financially my company (which is very small) is not doing well and there is a risk of either closing down or laying off employees. Also the atmosphere is not good. But again, I am getting positive responses from the market in terms of other job opportunities from good well established firms. However it is not confirmed but I am sure that within a month or two I can land up on a good opportunity.

    Now my confusion is, I want to start my I-140 ASAP with premium processing so that I will get a result in 15 days time. If it is approved, I can keep the priority date intact which is good, if not, it will only then make it compulsory for me to change jobs. Now, in case my I-140 gets approved and say within like a months time, luckily I get a better opportunity, is it possible that my present employer can revoke my I-140 application? If yes, what will be the repercussions? And looking at my H1B expiry date of October 2012, what is the latest date I can file for my GC if anything untoward happens? Please advice. I really need some help.

    Thanks.

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