140 approved..Like to Switch Job


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Hello All,

My I-140 got approved under India EB2 with Priority Date in Jan 2010. I am thinking about switching jobs and have few questions in mind.

1. I understand that the Priority Date may be retained even when I switch jobs in the same field although moving from OH to IL. Is that correct?

2. Does the new employer have to file GC Labor, I-140 etc with my previous PD, along with H1b transfer? Is the process any easier than the first time GC process? Are there any risks with the move?

3. With my PD in Jan 2010, I am guessing it will take some time for the PD to be current. Any thoughts on if switching to a new employer will delay or not delay the EAD?

4. Any thoughts about continuing my GC process with my current employer also?

Thank you all in advance for your help and hats off to Murthy.com for facilitating with this forum

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please consult a lawyer.

you will need to start GC from the beginning (LC and I-140) when you switch employer.

you can port/retain your PD by attaching a copy of your approved I-140 with your new I-140 application packet.

the only time you can get EAD is when you applied I-485 and you have to wait for your PD to be current to be eligible to apply for I-485.

you can only continue your GC with your current employer (after moving to a new employer) if the permanent position for your GC continues to be offered.

Originally posted by indianmostwanted:

Hello All,

My I-140 got approved under India EB2 with Priority Date in Jan 2010. I am thinking about switching jobs and have few questions in mind.

1. I understand that the Priority Date may be retained even when I switch jobs in the same field although moving from OH to IL. Is that correct?

2. Does the new employer have to file GC Labor, I-140 etc with my previous PD, along with H1b transfer? Is the process any easier than the first time GC process? Are there any risks with the move?

3. With my PD in Jan 2010, I am guessing it will take some time for the PD to be current. Any thoughts on if switching to a new employer will delay or not delay the EAD?

4. Any thoughts about continuing my GC process with my current employer also?

Thank you all in advance for your help and hats off to Murthy.com for facilitating with this forum

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1. You will retain PD on an EB petition to use to any later EB petitions, move or no move, change of professions or not.

2. Not along, but eventually, you will need a new PERM/I-140. It's exactly the same process.

3. This question makes little sense.

4. Why would you want to do it?

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