Eb3 to Eb2 upgrade with Different Employer

[jgpatel]

Hi 

 

I have Labor and 140 approved  , 485 file under Eb3  and priority date is 2007. I am a pharmacist working as registered pharmacist in pharmacy store.I want to change my employer and upgrade my GC file to Eb2  so.... i have a couple of questions 

 

(1) if i  transfer my h1 to new employer and then  file Green card ( labor and i-140 ) under Eb2  what happeded if labor or i-140 under eb2  get rejected ? i know my Eb3 file will continue but what if i  have already H1 for new company and started  to work for new company. Do i need to file again Eb3 under new company? bsc i have  140 and labor for old company so how it will continue though i quit old company .

 

simple Though i  have started to work for new company  how old company's  Eb3 file will continue ?

 

pls answer 

 

[t75]

Your current filing can continue if the employer does not terminate it because you left his employ.

 

A new filing in EB2 must be for a position meeting those requirements. If it is denied, a new PERM in EB3 will be required but the existing PD can be retained.

 

Your best option is to discuss your situation with your new employer's attorney as he will be in the best position to determine filing category that is appropriate.

[jgpatel]

thanks for reply . so best option is to  do future employment based GC process under Eb2. so  once labor and i-140 get approved  then join new company who filed Eb2. Am i correct .? 

 

once more question ... after GC received how long we have to work for that company ?

[Kal.911]

First question is Repeated Question..again.

 

Please refer to the answers provided for the same EXACT question for atleast 10 times on the first page itself of the "EB2/EB3 - Education & Experience" topic.

 

If you ask repeat questions, we all look not so progressive in understanding the immigration laws. 

 

 

Second question.. atleast 6 months.