Waiting on EB2 Priority Dates to move, is it advisable to Change to Employer now

[chandra25]

Hello Sir,

I have few questions regarding the current EB2 priority dates movement and also is it advisable to change employer now when the President has issued Executive Order on job mobility.    

 

Currently my labor and I-140 is approved with Priority date as May 2010. My Client has offered a position which I am interested in. Currently I have finished 9 years of my H1-B period and have received another 3 years of extension using my I-140 last year…

 

Based on the current status is it good to take up the new Job offered by my client… Is there any scope of getting EAD this year. When I am taking up the new job, can they apply with my I-140 approval, will I be able to get 3 more years of extension or whether my visa period will be till the current expiration date. Assuming my old employer has revoked my I-140 application after I have taken the new job, when my new employer is applying for I-140, can I use my earlier approved I-140 and get my dates ported to my old priority date.

 

Also how long does it take to get the Labor approved now?

 

Please let me know your suggestions on this. Really appreciate your help.

Thanks a lot

[sid1980]

If you change your job now then your new employer would have to re-start the GC process - which means go through the PERM process once again (wage determination, advertisements and actual labour) and once that gets approved , apply for I-140 and subsequent stages.

Wage determinations and advertisements would easily take 3-5 months and PERM at the moment takes 6-8 months if there's no audit. If there's an audit then it could take as long as 12-18 months. Keep this mind while considering a job change, if the date becomes current then you could get your GC quickly . Take a conscious  decision while considering a job change since you are too close to the last current date...

 

[chandra25]

If you change your job now then your new employer would have to re-start the GC process - which means go through the PERM process once again (wage determination, advertisements and actual labour) and once that gets approved , apply for I-140 and subsequent stages.

Wage determinations and advertisements would easily take 3-5 months and PERM at the moment takes 6-8 months if there's no audit. If there's an audit then it could take as long as 12-18 months. Keep this mind while considering a job change, if the date becomes current then you could get your GC quickly . Take a conscious  decision while considering a job change since you are too close to the last current date...

Valuable input..thanks a lot...