GC with a confirmed offer and previous PD

[Raj.Shetty]

Hi,

The chronology of events is as follows, can give more information if needed.

• A MNC had applied for Green Card (EB-3 though position was eligible for EB-2) for me in 2007 and I have an approved I-140 and had also applied for I-485 in June/July 2009 when all priority dates had been made current for a month.
• I took an internal company transfer to India with the company 2010. The company converted the application from Adjustment of Status to Consular Processing.
• In 2014, I left the MNC. But the company did not cancel my pending application.
• The priority date has been current for the past 6 months. I checked with NVC and the application is not yet forwarded to them for allocating a visa number.
• I now have a confirmed job offer from another MNC from it's US office and the role is on the similar lines for which my immigration application was submitted but is at a higher seniority level compared to the application and the salary is also considerably higher than the approved I-140.

My two questions are as follows:

• Can I use the same application with the new job offer for continuing the Consular Processing?
• If not, if the new company has to restart the process, can they use the old priority date with and file a new application in EB-2?

Thanks in advance.

[scientist2016]

Yes you can use the PD but the new employer must file a new I140.

[Raj.Shetty]

Yes you can use the PD but the new employer must file a new I140.

Thanks. Does the new company have to file PERM too? Or can they directly file I-140?