changed employer after porting to EB2. Restart the PERM process in EB2?

[murthybabu]

Hi all,

 

My previous employer P filed my EB2 i140 and it caputured the EB3 PD filed by my first employer F. I moved to a new company N today into an AC21 eligible role. Does my new company N have to start the PERM in EB2 again and file another 140 so my 485 filed in July 2007 can be processed in EB2?

 

My job changes so far: F(first employer)-> P(previous employer) -> N(new employer)

 

Thanks

[pontevecchio]

Your pending AOS stands and you should not have to go through the process again.

[green1234]

similar query, could you please comment?

 

I have an approved i140 from company A.
Now I wish to move to company B by transfering H1 based on the approved i140 from company A.
Why would I require company B to file a new i140?
If company A does not withdraw the i140, then i should be able to file for 1485 myself(hiring a lawyer)
as the i1485 is an employee request for change of status and employer has nothing to do anymore after i140.
And yes, I do have the copy of the approved i140.


Is my understanding correct?

[tusharvk]

similar query, could you please comment?

 

I have an approved i140 from company A.

Now I wish to move to company B by transfering H1 based on the approved i140 from company A.

Why would I require company B to file a new i140?

If company A does not withdraw the i140, then i should be able to file for 1485 myself(hiring a lawyer)

as the i1485 is an employee request for change of status and employer has nothing to do anymore after i140.

And yes, I do have the copy of the approved i140.

Is my understanding correct?

before making any decision, please go through AC21 FAQ on murthy site and might consult a lawyer.

Anyway, if you have not yet filed 485 and it has not been pending for 180 days, change of employer may require restarting the green card process from perm. if 140 is approved, you may keep the priority date. There are some nuances even in this case.