New labor for Green card


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Hi

My I-140 is approved with company "A".  Now  I am changing the job to company "B," but my work location is the same.

When the new company "B" file my green card, do they have again to file my perm with the Department of Labor, or can they directly file my I-140, as my work location is not going to change?

 

Regards,

KM

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The law provides that the I-140 petition as basis for the last stage of the Green Card is employer restricted. So if company A files a PERM and then I-140 that are approved but the beneficiary then moves to company B, the beneficiary may (as allowed by the law) transfer the priority date to any subsequent I-140 petition. However, the new employer - company B - must first file a PERM and when it then files the I-140 petition the priority date can be requested.

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