Job terminated and seeking to apply for internal position.


Venkat4922

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HI,

I work for a company that filled for my green card under EB2 category. My priority date is in 2015. The company also recently extended my H1b visa until Dec 2019. However, my position has been terminated with May 19 being the last day at work. My exit process has not yet started. I applied to internal positions within the same department and that require the same skill set. After the interview process, a manager is willing to take me into his team. However, the company legal team says that this is a new job and my previous green card application is no longer valid. They also will not file a new green card and because of that I might not be offered the new role.    

Can somebody please help me out with this situation. Please let me know what my options are. Is there no way to use my green card application for the new role that is in the same department and requires the same skill set? 

Thanks.

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I believe the GC is for a specific role. If your legal says they won't refile, it is usually a really uphill battle unless someone fights on your behalf. In big companies that usually won't happen.

With your I-140 the advantage is you can get into a new company that is eventually willing to file for a new I-140. You should be able to port your PD so you won't lose your spot in the line.

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