AOS with previous employer


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Hi,

I have approved I-140 from my previous employer. 

My current employer has not started new GC processing.

As per Oct visa bulletin, my priority date is current. 

My previous employer is ready to offer me position , however the skill sets on which he is offering position is different than what he showed in the previous PERM filed. The location is nearly same ,building number will be different , but City and State will be same. 

My previous employer can't give assurance at this moment that original position on which my I-140 is approved is available or not, as it's large organization. 

The main reason to join my previous employer is to file AOS as with my original PD.

If I decide to  join my previous employer than there are below questions arise :

1. To file the AOS and to port the previous priority date, my previous employer has to file only I-140 amendment , to show that I will be working with different skillset ?

or 

2. To file the AOS and to port the previous priority date, my previous employer has to file new PERM application and new I-140 and then port the original priority date?

It will be very appreciated, if some expert considering answer this question.

Thank You.

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Consult a lawyer. There may be no need for any extra paperwork. Do not make Immigration assumptions. Should you report for work on getting the GC, the companies problem . If they have no such job, nothing precludes you from joining another company with the GC. First get a lawyer involved and stick with it.

Edited by pontevecchio
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