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Gator
04-25-2012, 05:37 PM
Hi-

I have an approved EB3 Perm(May 2005) and I-140. My I-485 filed in 2007 is pending and I have EAD.
I am currently on H-1B with wife on H4(got married after filing I-485).

I applied for EB2 with the same employer in Jan 2012 and recently got an audit. I have a masters degree and 7 yrs experience, all from the same employer though. We applied for EB2 based on a promotion I received during the job. My attorney is going to respond to the audit.

I have a job offer from another company.

If my current employer is ok with it, can I keep the current Perm audit process going, transfer my H-1B to the new company and start a new EB2 perm application with them(and eventually port my EB3 priority date)

I wasn't sure if USCIS allowed a single beneficiary to have multiple perms(different employers). Also, I wasn't sure if having a pending I-485 with EAD affects this approach in any way.

Any insights are greatly appreciated.

Appreciate It.
Thanks

nandu_k_n
04-25-2012, 05:51 PM
You are fine. You can have more than one PERMs active (with different employers). That should not impact your EAD as well.

Gator
04-28-2012, 04:46 PM
Thanks nandu_k_n for the response.

When applying for a H-1B transfer with the new employer, is the I-40 receipt number enough to get a 3 year extension or do I need the approval notice. I don't have the approval notice now and I was hoping I can notify my old employer after completing the H-1B transfer.

Let me know if that's not possible.

Appreciate your response.
Thanks

nandu_k_n
04-28-2012, 09:22 PM
As far as I know, I-140 receipt should be fine to get 3 year extn. Check with your new employer's attorney how they want to file your case.