Changing Employer after I140 approved, EB3

[greencard_help22]

Hi,

 

I am trying to find out whether it is possible to change employers after I140 is approved or not. I have been reading forums but have not got a definitive reply. My I140 was approved and my priority date is way in the future almost 9 years in future based on the priority date being processed for EB-3 category.

 

The I-485 cannot be filed for me yet, so the AC-21 that requires 180 days of wait after I485 filing is not valid in my case.

1. Without this happening can i still change jobs?

2. Will i retain my priority date after i change jobs?

3. Also i understand once i change job I-140 needs to be filed again by my employer is that understanding correct?

4. I have about an year remaining from my 6 year term of H1B so would that refile of I140 be an issue? 

 

Thanks.

 

[sharin]

1. I-485 form is for adjustment of status from current status to permanent resident of USA. In EB3 - it quite far based on current scenario. Yes, you can still change job as long as your new employers files new EB GC for you.

2. Yes, you'll retain PD because PD is assigned per individual / profile not per petition

3. Yes, if you need to retain PD your new employer have to file I-140 (but you'll retain original PD unless new employer files in EB2 category)

4. No refile of I-140 is not issue - because you already have previous I-140 approved.

[pontevecchio]

You will retain the original PD even if the new filing Qualifies for EB2. In the absence of fraud the PD in any EB Classification is available in any future filing in ANY EB classification.