Change employer after I-140 approval

[pappu07]

Hi Friends,

I have an approved I-140 (EB2 category) from my current empoyer(PD: Oct,2010) and my client is asking me to take full time position. They are ready to file my GC in EB2 category.

I heard that there won't be any problem if I change my employer when I have an approved I-140 and PD remains same.

Do you think there will be any problem if I change my employer now? Or it is better to continue with the current employer?

Please let me know your thoughts and suggestions.

Thanks in advance.

[Jyothis]

Check the documents you signed with your employer to make sure that there is no non-compete involved, which could technically prevent you from joining the client as an employee. Client also needs to check their contract to make sure that they have a contractual obligation to not hire you. You should be able to retain your priority dates in most cases. Also, note that most companies have a lead time to file for PERM and PERM is a few months long work. if you have enough time on H1b, fine, but if not, you will need to get your 140 approved before extending the current status.

Hope this helps.

[pappu07]

Thanks for your reply. I will double check the agreements. I have another 3 yrs on my H1B.

I am planning to apply PERM and I-140 in premium processing. I am more worried about retaining the priority date. Will there be any problem to retain my PD?

Check the documents you signed with your employer to make sure that there is no non-compete involved, which could technically prevent you from joining the client as an employee. Client also needs to check their contract to make sure that they have a contractual obligation to not hire you. You should be able to retain your priority dates in most cases. Also, note that most companies have a lead time to file for PERM and PERM is a few months long work. if you have enough time on H1b, fine, but if not, you will need to get your 140 approved before extending the current status.

Hope this helps.

[narkky]

Hi pappu07,

I am in a similar situation, except that I am not sure whether client (future employer) would file GC in EB2 or not. I've spoken to a senior attorney at Murthy law firm on retaining the priority date, and it was suggested that it can be done unless current employer revokes it. Also, as per employer, there seem to be liability on them to keep I-140 active after employee has left the company.

Please reach me at the earliest at kynarsingi@gmail, so that we can discuss further on the options.

Thanks