GC process job change consular processing

[jackhardy]

Hello, i am an Indian citizen working for a small USA IT services company and have applied for GC under EB3 category. My PD is Sept 04. I opted for consular processing over adjustment of status during the 2007 priority dates fiasco in the hopes of getting GC faster. I cannot apply for EAD b/c i opted for consular processing. Made a big mistake there! I have an approved I-140 and the NVC has completed the processing of my case and forwarded my file to US Consulate in Mumbai. Just waiting for PD to get current and get an interview. God only knows when that will happen! The problem is that my company is currently going through a hard time and i am afraid of getting laid off. My h1-b expires Sept 2013. I have started looking for a new job. Do I have to start the green card process all over again with the new company or just wait till PD becomes current and get an employment offer from them for the interview?

Appreciate any responses and guidance. This is very important. Thanks.

[Belle]

"I cannot apply for EAD b/c i opted for consular processing. "

Talk to a knowledgeable attorney. I believe it is possible to file for AOS even if CP option was chosen. PD has to current for that, of course.

The new company will have to start a new case from scratch. You will retain your PD.