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All,

I had my I-140 in Jan 2015 by my first company who brought me to USA, last I quit that and till date changed three companies and working with fourth company, since then never initiated my I-140 from any employer, now wanted to initiate my GC process with this employer as I have already completed my six years term and getting extension on my old I-140. My question is did anyone had this kind of experience and do we need to start again with PERM (labor) and I-140 process ? as my current employer say's that it is not required and when the priority date comes we can just file for change of status and this is a NEW RULE.  Can someone explain me if this is correct RULE or do we need to re-initiate that.

 

Regards

Krishna

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There is rumor about NEW RULE.

Once you change your employer who started green card, you have to start from scratch. This only has one exception that if you have EAD received after application of I-485 and I-765 has been on pending status for 180+ days.

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Follow up question on that please, what would happen if the priority date become current before the new employer could start the Labor again can we still apply for I-4185 as long as the date is before the current priority date as long as it doesn't retrogess again?

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