effect of job change & retaining PD for EB2

[pegion]

I have a GC going on from company A where the PD was 6/2010 with EB2 category. I recently got an offer from company B, who has promised both higher salary, perks and higher position. They also said they will continue with my GC immediately (job descriptions will be almost identical in both cases). I'm planning to consider the new offer, but am worried if the higher position & salary that company B is offering will create problems while retaining my original 2010 PD. Can anyone suggest if this will be an issue? Also, what all docs I would need to get back the old PD?

[catx]

As per the standard procedure ...

 

You must have an approved I-140 petition with your current employer to retain your priority date (PD).

The new employer applies for and gets an approved H-1B visa transfer (with the required prevailing wage determination and LCA application approval).

The new employer files a (new) PERM labor certification application for the job with their company (with all the inherit requirements, such as recruiting effort).

The new employer files a (new) I-140 petition based on the approved PERM labor certification application.  At this point you can retain your previous priority date (subject to the first point above).

 

One other important note, the new job with the new employer must qualify for EB2 preference category independent of you -- remember the job, not the employee, determines the employment based (EB) preference category.  If it does not, and is under the EB3 preference category, then you could still retain your priority date, but under the EB3 preference category.

[t75]

Ask to speak with B's attorney to review your situation.  If they intend to honor their commitment, they should be willing to honor this request.

[pegion]

Thanks for the responses. The new job in company B is not only similar in all aspects as that of A, but I believe requires more skills. It should qualify for EB2. However, the company B is offering a higher job title, while my current employer started the GC with Software Engineer-4 (SE-IV, a few years back). I'm considering the new offer as it provides me an opportunity to move higher up. Question is, whether the new PERM from company B, which will have a Principal Engineer requirement, will cause any issue in considering me for the job (as I originally started with SE-IV). Can you please advise?