EB-3 India: Filing I-485 with Old I-140 After Rejoining Original Employer

An EB-3 India applicant is seeking clarity on whether an approved I-140 petition from a previous tenure at a company remains valid for filing an I-485 adjustment of status after rejoining that same employer. The applicant's PERM and I-140 were approved with a September 2015 priority date, sponsored by Company A. After leaving in 2021 to work at Company B, the applicant rejoined Company A in October 2024. Under USCIS regulations, an approved I-140 generally remains valid even if the applicant changes employers, as long as the I-140 was approved and the applicant had maintained valid status. The critical question is whether the original job offer is still bona fide and whether Company A is willing to re-affirm the offer of employment at the time of filing the I-485. Since the applicant has rejoined Company A, and Company A is the original petitioner on the approved I-140, there is a reasonable basis to proceed with the I-485 filing once the priority date becomes current. However, Company A would need to affirm that the original job offer still stands and that the position remains substantially the same as described in the PERM application. Applicants in similar situations should consult with an immigration attorney to review the I-140 approval notice, confirm the job duties match the original PERM description, and ensure Company A formally reaffirms the job offer in writing. Given that the company is not initiating new PERM processes, leveraging the existing approved I-140 may be the most viable path forward.