Changing company after PERM/Labor is approved


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I am working for a consulting company on H1B visa. My 6 years of H1B ends in Dec, 2013. My employer is starting my green card process, however I do not have long term plans to stay with the company. Can I leave the company to take up another job after my PERM/Labor is approved. If I am able to leave the company, how will it affect my green card process with another company.

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Your new company will have to restart the PERM/Labor process even if you have approved PERM from the previous employer. What you could do is file I-140 in premium processing after the PERM is approved at the current employer and after I-140 is approved move to a new employer. The new employer will have to file the PERM/Labor again, but you can retain the priority date from the previous filing based on the approved I-140. Again, this is guessing you are from India and China, wherein the priority dates are severely retrogressed. IF not, then go ahead and file the I-485 and change after you get the GC.

You may also want to refer to:

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