Change of employer while Labor in process/audit

[veenas]

I have been waiting on labor approval since last year(almost 1yr+). Employer told that it has audit and we can expect the response & I'm waiting. I got another offer , they are willing to start gc process in month or so. planning to change of employer as I havnt heard on labor. What if I change the employer and my labor with old employer got approved after my change? Can I still apply 140 with old employer and port PT? please comment.

 

-Labor

[Attorney_22]

Technically yes as long as the sponsoring employer is willing to do so. However, please keep in mind for an I-140 to be filed you need to sign under penalty of perjury on the PERM application that you intend at that time to work for the sponsoring employer when the green card is approved. Therefore, your plan can potentially cause issues unless you intend to actually return to that employer when the green card is approved.