Clause to stay with current company after EB3 I140 is Approved?


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Hello Friends,

I just got my EB3 I140 Approved. Well, it is pretty obvious how long the wait on EB3 is for India and so I am thinking of changing my Employer and go the route of EB3 to EB2 Porting.

I have the following questions though,

  1. I have BS from USA + 5 years of post graduation Work Experience (including 2 years of work experience with my current company), which would, I guess qualify me for EB2 with any New Employer. Am I right?
  2. Is there a clause that you need to stay with your currrent company for a certain period of time after I140 Approval in order to maintain your Priority Date? Could I join any other Employer and get started with my EB2 processing immediately now or do I need to wait?

Looking forward for your responses...

Thanks in Advance!!!

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Generally, a four year Bachelor’s degree from an accredited U.S. institution and five years of post-graduate work experience will qualify an individual for the EB2 category. As long as the experience was obtained through employment in an organization other than your current/future PERM & I-140 sponsor, and this experience can be documented, you should qualify. Lastly, there is no clause under U.S. immigration law limiting your ability to seek new employment after an I-140 has been filed on your behalf. As of this writing, individuals are eligible to utilize an earlier priority date in future PERM filings as long as the previous petition was not revoked by USCIS for cause. If you have additional questions, please contact a qualified U.S. immigration attorney.

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