Can I join a new employer?

[omshiv]

This is obviously for my friend, who's too ignorant and lazy to do any research or spend money on attorney, due to which his desi employer is taking advantage and sucking his billing rate.

He has a PD of June 09. (EB2)

Labor was approved..applied for I140..got RFE and was stuck without any feedback or any information for the last 1 1/2 yrs.

New Attorney adviced to apply for New Labor and I140. Got Audit on Labor.

Question:

Can he change jobs? retaining the same PD - June 09?

He's getting Fulltime offers. He's on his 8th yr H1B(got extension based on pending I140)

Would appreciate any advices.

Just wanted the Gulti desi employers to stop taking unfair advantages from such people.

[pontevecchio]

The first and original PD can only be retained if the I-140 is actually approved.

[Attorney_22]

If my understanding is correct, this individual does not yet have an approved I-140. If that is correct, than the priority date of the labor certification is not locked in. To lock in a priority date the I-140 needs to be approved. Due the complicated nature of your friend’s situation it is advisable to have them speak to a qualified U.S. immigration attorney directly. The Murthy Law Firm has a very well-regarded Green Card Department with extensive experience who would be able to provide your friend with excellent assistance. Please feel free to have him call our office to schedule a consultation with one of our attorneys.