Approved I-140 on Jan 2015, Can I change my current employer

[KondalRao]

Hello experts,

 

I have a question regarding i-140 and employer change. My I-140 with current employer is approved and the priority date is Jan 2014. The I-140 approved date is Jan 2015. 

I have few question based on the current situation and they are as below:

 

1. If I change my current employer, do I need to file my labor and I-140 again?

 

2. If I file my labor and I-140 again with my new employer from the scratch, do I lose the old priority date? Can I port the date to Jan 2014 (previous employer approved I-140)?

 

3. In the process of filling the labor and I-140 again with the new employer, do I have any time frame that I need to maintain before changing employer? I read in some forum that we would need to stay at least 6 months before you file the labor and I-140 with new employer. I don't know how far its true. please advice.

 

I appreciate you suggestions and comments.

 

--Rao

[pontevecchio]

1. NO. Any potential future employer will need to do that.

2. Usually not. You retain the PD in the absence of fraud.

3. NOT true. You will obviously need some work authorization for whichever employer you will work for, H1?

[ashuneel]

1.Yes

2. You do not lose the date unless it is revoked by USCIS for fraud.

3. No such requirement. new employer can file on day1.

[KondalRao]

Thank you for the information. 

In that case employer may/can not cancel/revoke once the I140 is approved ?Its all under USCIS to do anything once I140 is approved ? 

thanks

 

--Rao

[ashuneel]

employer can revoke approved I-140.    new employer should file PERM and I-140 ASAP.

[Hulunator]

Hi,

As a continuation of this question, My PD is 07/2009. I applied for I-485 in 2012 .

 

Can I change my employer?

 

If I change will it be under AC21 or will the new employer have to file a fresh for GC?

 

If the old employer revokes my I-140, will it adversely affect my status?

 

thanks

Vijay