Can I switch company after I 140 approved with keeping priorite date?

[sarath456]

Hi All,

Can i switch company immediately after getting I 140 approved and keep priority date of old one?

One of my friend saying that you have to stay with current company for 6 months or more to keep priority date. Is that correct? Please let me know?

Thanks.

[miliaxy]

Hi,

I have the samre question. My I-140 was approved approximately 20 days ago and my Priority Date is Jan'2010.Also, my employer filed my GC in EB3 category.

Now, my question is:

1. Can I change my employer after my I-140 approval?

2. Should I change before I file my I-485?

3. Can my new employer file a new GC in EB2 category?

4. Can the new employer use the above PD for either EB3 or EB2 filing?

5. Is it true that I can change my employer only within 6 months of approval of I140?

6. Can I change my employer after I file my I485?

I will really appreciate your response to thise questions.

Thanks a lot,

M

[redgreenbluee]

please consult a lawyer.

no, you don't need to stay for at least 6 months to retain PD. you will need to file your GC from the start, LC PERM, 140, and 485 (you don't have this yet if PD is not current). attach a copy of your approved I-140 with your new I-140 application packet to port PD.

Originally posted by sarath456:

Hi All,

Can i switch company immediately after getting I 140 approved and keep priority date of old one?

One of my friend saying that you have to stay with current company for 6 months or more to keep priority date. Is that correct? Please let me know?

Thanks.

[redgreenbluee]

please consult a lawyer.

yes, you can change employer after I-140 approval and there's no time limit (not only within 6 months of approval).

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

you can change employer any time, before or after applying for I-485. having a pending I-485 for at least 180 days makes you eligible for AC21.

EB category is based on job requirements and not your credentials only, if the new permanent position requires EB2 qualifications, if can be classified as EB2.

Originally posted by miliaxy:

Hi,

I have the samre question. My I-140 was approved approximately 20 days ago and my Priority Date is Jan'2010.Also, my employer filed my GC in EB3 category.

Now, my question is:

1. Can I change my employer after my I-140 approval?

2. Should I change before I file my I-485?

3. Can my new employer file a new GC in EB2 category?

4. Can the new employer use the above PD for either EB3 or EB2 filing?

5. Is it true that I can change my employer only within 6 months of approval of I140?

6. Can I change my employer after I file my I485?

I will really appreciate your response to thise questions.

Thanks a lot,

M

[miliaxy]

Thanks a lot red for your reply! Appreciate it!