do we have to refile I140 as per New Ac21 rule?

[Sri.N]

Hi ,

As per the new rule :

Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers

( URL : https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled)

If we have an approved I140 ( 4 years back approved) and on H1B extension beyond 6 years with current employer , if we change to a new employer , do we have to file GC process from beginning ( Job Ad post, labor, I140 with PD porting) ? or Our current I140 is valid and we just have to transfer the existing I140 to new employer provided job duties are similar ? its very confusing as to what to do if we change the employer? i am having an full time offer but not sure what i should do now.

Please help...

[Attorney_15]

The new rule does not get rid of AC21 Green Card portability and so if one's I-140 is approved and the I-485 pending at least 180 days, the applicant can generally continue with the same EB category and priority dates, so a new PERM and I-140 is generally not necessary.