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RK85

Changing Empolyer while GC in process

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Hi,

 

I have a very simple question about changing employers while your GC is in process. I have got mixed answers everytime I have asked somebody. Could somebody please throw some light on this in very simple words.

 

My situation right now is: I am on H1B visa second term. My GC has been filed in EB2 category and My priority date is Dec 2012. I want to know if I can change employers at this point of time. If I do, what are the consequenses and what are the powers of my current employers in terms of withdrawing my application?

 

Kindly advice.

 

Thanks

Rk

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You can but you risk current employer withdrawing I-140. In that case you can retain PD but a new employer has to start GC process from scratch.

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As you haven't given enough details, I am assuming you have I-140 approved. Once I-140 is approved, you can use that I-140 to xfer H1b to new employer. Make sure this xfer is approved before you join the employer - this is to make sure withdrawal of I-140 (if) happens after your H1b is trasferred. After joining, start PERM ASAP. In I-140 stage, request USCIS to port PD established with first I-140 to new I-140.

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You can surely change your employer. If your I-140 is approved from the previous employer, your new employer can start the GC from scratch and you MAY retain the PD...and you'll also get H1 extensions based on the approved I-140.

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