I 140 portability need petition and labor again ?


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Currently I am working for Employer A and planning to switch the job to  employer B.

I am on my 6+ years of H1B with 3 years of extension till 2019, Employer A filed my GC "EB2" in 2010 , And got my I-140 approved in 2011 , My Current priority date is sept 2011.

I am planning to switch job to employer B. My questions are :

> As per current rule do I need to do I-140 process all over again ? (I-140 petition and Labor) or it get transferred like H1b ?
> How long is the process with employer B for all the transition ?
> Any caveats/limitations ?

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  • 2 months later...


I am in similar situation with PD in Nov 2010 from Company A. I-140 was approved in 2011. 

I have below question to join Company B (Job description is almost same),

  1. Do I have to wait until H1B Transfer is completed or is it OK to start upon receiving Transfer Receipt notice.
  2. How long is the process with employer B for all the transition (H1B transfer, PERM processing, New I-140 filing and approval) 
  3. Assuming Company B starts the fresh "PERM/ Labor" process and lets say if the EAD / Green processing becomes current (Miraculously :O ),
  • will I miss the opportunity to file I-485 ,as the fresh "PERM/Labor" is still under process
  • or can we submit Fresh I-140 and I-485 concurrently

Please help.




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