Employer change when PD is current

[dgandhi]

Hi,

I am EB2, PD = 26-Jul-2007. My PD became current in Novemeber bulletin which will take effect from Nov 1st 2011. I am still with my current employer who filed my GC in 2007. However, I have an offer from another employer which I have accepted and have to join Nov-14. I am on 3 weeks notice with my current employer while my PD is also current. My concern is - if, for some reason, I receive an RFE for "proof of employment" while I am on notice period with my current employer (i.e. before joining new employer on Nov-14) then what should I do ? My current employer may be reluctant to issue a proof of employment since I am leaving him. Should I wait to join new employer and then send their letter as proof of employment OR current employer "by law" is bound to give me proof of employment letter since I am still with him ? Please advise.

Thanks !!!

[redgreenbluee]

please consult a lawyer.

why will you receive RFE? do you have a pending application? since you are changing employer, you cannot file I-485 based on your current employer/petitioner approved I-140 if they no longer offer you the permanent position stated on LC.

you can change employer but you will need to start GC from scratch (LC and I-140), you can however port/retain your approved I-140 PD.

Hi,

I am EB2, PD = 26-Jul-2007. My PD became current in Novemeber bulletin which will take effect from Nov 1st 2011. I am still with my current employer who filed my GC in 2007. However, I have an offer from another employer which I have accepted and have to join Nov-14. I am on 3 weeks notice with my current employer while my PD is also current. My concern is - if, for some reason, I receive an RFE for "proof of employment" while I am on notice period with my current employer (i.e. before joining new employer on Nov-14) then what should I do ? My current employer may be reluctant to issue a proof of employment since I am leaving him. Should I wait to join new employer and then send their letter as proof of employment OR current employer "by law" is bound to give me proof of employment letter since I am still with him ? Please advise.

Thanks !!!

[JoeF]

This should be ok. You have initiated the change to the new employer before you got the GC, so it should be covered under the AC21 rules.

If you get an RFE, the new employment should be good enough to show that you are complying with the law.

[dgandhi]

Well, I forgot to mention that I filed I-485 concurrently with I-140 in August 2007 and medical is done too. So nothing is pending on my side as such. So, sending a proof of employment letter from new employer along with AC21 should suffice ?