I-140 refile with new employer

[lucerne]

I have approved H1B and I-140 under EB2 category. I am in the process of switching over to my new employer. I talked to my lawyer and says that i must have to work for six months with my new employer before she can file the labor application. My priority date is Dec. 2007 and is almost close to getting current. Here are my questions

1. Do i have to start the labor process from scratch and then file I-140, to capture my priority date?

(the job position & salary is different from previous employer)

2. Can't i file my H1B and labor simultaneously. why wait for six months?

3. What is the typical process in my situation?

appreciate your inputs......please respond.

[redgreenbluee]

please consult a lawyer.

yes, you will need to start LC and I-140 to port/retain your PD.

it is up to your future employer if they want to apply H1 and LC simultaneously, it probably more of a company policy, but to answer your question, they don't need to wait six months to do it.

I have approved H1B and I-140 under EB2 category. I am in the process of switching over to my new employer. I talked to my lawyer and says that i must have to work for six months with my new employer before she can file the labor application. My priority date is Dec. 2007 and is almost close to getting current. Here are my questions

1. Do i have to start the labor process from scratch and then file I-140, to capture my priority date?

(the job position & salary is different from previous employer)

2. Can't i file my H1B and labor simultaneously. why wait for six months?

3. What is the typical process in my situation?

appreciate your inputs......please respond.