I - 140 + Change Job

[mv1982]

I completed my 6 yrs in H1. I have approved I-140 and my H1 got extended to 3 more years.

I am looking forward to change my job.

What I want to know is,

1. if I change my job. is it possible to use the same priority date with my new employer's GC process?

2. My current employer is processing my GC in EB3. my new employer accepted to process my GC in EB2. so I want know, if i can still use the priority date when the processing type changes.

[Mexico_Stamping]

Dear Experts,

Please enlighten us. Mine is the same case.

Thanks

[schintala]

Yes. You can port the PD to EB2.

[Mexico_Stamping]

As a follow-up to your response, once I leave my current employer, he might withdraw my approved I-140 and my new employer will initiate my GC process after say six months or one year of working for him. In this case, can you please clarify:

Is there a process to withdraw I-140 filed by an employer? Is he required to pay any fee for that? If yes, that might work as a deterrant for my current employer.

If the current employer withdraws my I-140 what risk will I have in the intermittant period until my new employer initiates the PERM process.

Will USCIS reject my new employer's I-140 as my H1-B was approved basing on I-140 that was subsequently withdrawn?

Thanks

[kalyan_ac]

As a follow-up to your response, once I leave my current employer, he might withdraw my approved I-140 and my new employer will initiate my GC process after say six months or one year of working for him. In this case, can you please clarify:

Is there a process to withdraw I-140 filed by an employer? Is he required to pay any fee for that? If yes, that might work as a deterrant for my current employer.

If the current employer withdraws my I-140 what risk will I have in the intermittant period until my new employer initiates the PERM process.

Will USCIS reject my new employer's I-140 as my H1-B was approved basing on I-140 that was subsequently withdrawn?

Thanks

If your old employer withdraws the approved I140, your h1 extension of 3years based on I140 will become void.