Changing employer with EB3 I140

[mahesh87]

I am working in existing company A since 8 years I got I140 approval in EB3 category and priority date is July 2009.  2 months ago my existing company A applied PERM in EB2 category. 

Regarding my H1B 3^rd extension is in progress not yet approved.

 

Now I got good offer from Company B and willing to apply for GC in EB2 immediately.

 

Questions:

 

Can I get same priority date July 2009 for company B EB2 application after I140 approved? If yes, can you please brief me the process.

  

I think I need to apply H1B transfer after approval with current company. Correct?

 

I know there is some level of risk, what would be the scale (1-10) of risk?

 

Any suggestions or recommendations would be greatly appreciate.

[pontevecchio]

Under these circumstances you should be able to retain the PD. Since some rules have changed for the worse you should not listen to a forum. Make an appointment with the firm of say Murthy and discuss specifics and any timing issues. Maybe a little patience is needed.

[vivekkc]

I would like to request advice on similar situation. I applied for I-140 & I-485 in 07/2007 and had my I-140 approved in 01/2009 from Employer A. Later in 09/2009 I moved on to EAD and worked for the same employer until 10/2010. Later due to personal reasons / family needs (to take care of parents) I had to move to Employer B in India. When I moved to India, I exited US on AP. Later my Employer B did L1A and came to US in 09/2013. Worked hard with Employer B to initiate my GC but no movement since 04/2014. In another 8 months I might even loose the opportunity to file it in EB1. Now I am thinking of getting H1B on I-140 approved (from Employer B) and move to Employer C, and then initiate GC with Employer C so that at-least I can retain the PD from approved I-140. I also filed FOIA to check if the I-140 was withdrawn - but luckily that is not the case. Even my previous I-485 is still pending (not yet marked as abandoned in the system). My question: is there a time limit on approved I-140 to apply for a H1. If yes, what is the timeline. Also, curious if there is any complexity involved to get a H1B on I-140. Please help with your advice. Thank you.