New Position - Question about GC

[gcwaiting2008]

Hi Experts,

Let me begin by saying that this forum has been tremendous help and moral support so far during my GC journey. Here I have always received help from experts when needed and I completely appreciate that. I have a question for the team...

My PD is Nov 2007 and the labor was approved for a position that I'm currently in. Now an opportunity has come up and I am ready to accept a new role within my company. Since my PD is not current (EB2-I) I am contemplating at possibility of initiating GC process right from scratch for new role. My new role is not 100% same as my current one but there's certainly a overlap between old and new roles. Are there rules or guidelines that need to be followed before qualifying for new application? I am trying to figure out if I can live without filing new GC application.

Thanks guys,

[Belle]

Baiscally, you have two options.

1. Company files a new PERM/I-140 for the new role. Other than expense, this option has no downside. You will be able to retain your PD.

2. You may get a job offer for the old job when your PD is current, and file I-485 hoping that it will be pending over 180 days. Once 180 days strike, you can file an AC21 request to port to the new job. However, if the application is approved in less 180 days, you and the company should make a reasonable attempt to get you employed in the old role.

[gcwaiting2008]

Thanks Belle. I would have never thought about 2nd option that you suggested. Appreciate your insights...

Looks like option 1 is the safest path as long as cost isn't an issue. great...

Just wondering if there's anything in the rule book that allows transfer of PERM/I-140 petitions by similarity of job function from old to new?

Thanks,

[gcwaiting2008]

Thanks Belle. I would have never thought about 2nd option that you suggested. Appreciate your insights...

Looks like option 1 is the safest path as long as cost isn't an issue. great...

Just wondering if there's anything in the rule book that allows transfer of PERM/I-140 petitions by similarity of job function from old to new?

Thanks,

[Belle]

"Just wondering if there's anything in the rule book that allows transfer of PERM/I-140 petitions by similarity of job function from old to new?"

AC21, that's the only thing. However, it requires I-485 to be pending for 180 days.

[gcwaiting2008]

Sounds good. Thanks Belle.