I-140 Employer Change Question

[ash1983]

Hi All,

I apologize if it is a dumb question.

I have been working with my current company A (consulting) for last 4 years and I have my visa validity till January 2014 and my EB3 I-140 Approved (Priority Date:Dec 2007).

1) If I change my job to company B (with approved I-140), can I use my priority date of Dec 2007 or do I need to start this again?

2) Secondly the new job with company B ( has job requirements of EB2) Would there be any RFE's if I change from EB3 to EB2 ?

3) Can new employeer start the labor process immediately or do they need to wait for 6 month's before starting that process?

Apprecaite for the response.Thanks in advance for all the responses.

Thanks,

Ash

[freakjobs]

1) Yes you need to start a new labor application and however you can request to port PD while filing I-140, provided labor is approved.

2) These are two different applications. USCIS wouldn't care if your old application was EB3. As long as you meet the EB2 requirements, which is Bachelors +5 years of exp. or Masters +3 years of exp. you should be ok. I dont know if USCIS will look at you establishing EB2 requirements at dec 2007 since you are interested in porting PD. I guess it shouldn't matter. But i suggest you consult an immigration attorney, since you have high stakes here.

3) Technically speaking your employer should post ads in local news paper/internet sites etc and let it expire say for 90 days i guess & prove there is no local citizens that match those skill and file for your PERM. I guess USCIS doesnt have any requirements to wait for 6 months. The minimum wait time should be 3 months for those ads etc, unless you are extremely lucky to find one such opening which fits your profile.

[sidharth07]

hi

I wanted to check if one needs to stay for a certain duration with the company after I-140 has been approved before you can change and carry over the PD?

My I-140 got approved last month and I have a job offer from a different company. Can I change now and still carry over my PD?

Also, I know that the overall process starts once again, but at what stage does the PD gets ported?

Thanks

Originally posted by freakjobs:

1) Yes you need to start a new labor application and however you can request to port PD while filing I-140, provided labor is approved.

2) These are two different applications. USCIS wouldn't care if your old application was EB3. As long as you meet the EB2 requirements, which is Bachelors +5 years of exp. or Masters +3 years of exp. you should be ok. I dont know if USCIS will look at you establishing EB2 requirements at dec 2007 since you are interested in porting PD. I guess it shouldn't matter. But i suggest you consult an immigration attorney, since you have high stakes here.

3) Technically speaking your employer should post ads in local news paper/internet sites etc and let it expire say for 90 days i guess & prove there is no local citizens that match those skill and file for your PERM. I guess USCIS doesnt have any requirements to wait for 6 months. The minimum wait time should be 3 months for those ads etc, unless you are extremely lucky to find one such opening which fits your profile.