Changing jobs with approved I-140

[ultimateuser365]

Hi,

    I need your expert advice on my situation explained below. Appreciate you taking time to help me.

 

I currently have an approved I-140 with Jan 2012 (Date of Labor) priority date for EB2 Category. I am currently working as a Technical Analyst. At my current company, there is an opportunity to move to a Project management job. My manager is willing to let me make the switch. However, me and my manager are concerned if this will impact the green card processing negatively. Also, what steps should we take to complete the process (ex : Amending my current H1B, Filling Labor, I-140 for new job, ...).

 

Looking forward for your input.

 

Thanks.

[tux78]

If your manager is supportive then be open and honest with your communication that will be helpful. This can get complicated. If you have a company lawyer please consult for professional advice.

 

FIrst of all the good news is you can retain your priority date from the current I-140.  so even if you have to apply for a new I-140 based on project management job. (There's no option for amending H-1b, I think your company have to apply for another one).

 

 

Second, If you apply for the new job make sure the job description is EB-2 compliant.

 

Third, (and I don't rememeber the exact details on this so please check with a lawyer), there migth be some complication regarding "prior employment exprience".  If the experience is from the same company, you might have to show that the new jobs is significantly different than the old ones.

 

And last, your company might have to advertise the new positiion and go through the whole search process.

 

I would check these things first before deciding on the next step. Good luck.