Can two employers file H-1B for the same employee using an existing I-140?

Question details

I am an Indian national living in India now, working on H-1B from 2006-2011 for a small consulting company based in NY, US,. They have filed my EB2, I-140 and it got approved in 2009. I returned to India due to my personal situation in 2011. So I moved my case to Consular Processing in 2012. I got my date current during the last year 2021 and the Mumbai Embassy scheduled consular processing Interview was scheduled for last month. As soon as I received the interview call I found my sponsoring company in the US has their business. Hence, I have skipped my interview to avoid GC denial and retain the priority date.

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FAQ Transcript

1. They can both apply.
2. The answer is no you have to go through PERM I-140 again and you will keep the priority date from the old case.


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