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Prabhu Vanniarajan

EB3 - Priority Date Current but I-485 NOT Filed - Can I change employer

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Hello,

I'm currently in H1B until 01/22/2020. Here is my GC status:

* EB3 Category w priority date: 18-DEC-2008

* I-485 NOT YET filed with current employer

Can I change employer and continue with Current GC?

If yes, should I get start PERM and I-140 with the new employer?

 

Please advise options for me.-

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Assuming you are from India, I strongly advise you to go ahead with current employer and file I-485 as your PD is current. After filing, if everything is smooth, you can get Green card in less than a year.

If you change employer, you have no option but to start from scratch and retain priority date, the whole process will take 3-4 years to get green card provided there is no retrogression.

There is third option, which is extension to first option if you are desperate to change employer sooner. That is to apply for I-485, I-765 and I-131 with current employer. Once you receive EAD card in six months, change job to that of similar or same job description - Do compare SOC codes. This way your green card will arrive in same amount of time as first option with much reduced risk than that of second option.

 

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