Retaining the date with new employment in different category

[bas111in]

Dear Attorney/friends,

 

I have an approved i140 (EB3 category-priority date aug 2013, I140 approval received in May 2014) and finished my 6 years of H1B(oct 2014) and got an extension until Oct of 2017. I have an MS and MBA but was filed in EB3 category because of the job requirements. I am a scientist in a big bio pharma company and now i would like to move in to marketing positions in pharma industry either in same company or different company. Can you please help me with these questions. 

 

              1) Can i use my priority date with new employer if he agrees to file a new greencard application?

               2) Will my new role in marketing be significantly different to not be eligible for AC21 portability.

               3)Is there an advantage to look for opportunities within the same company or externally?

 

Thanks in advance for your responses. I greatly appreciate you help

 

 

Regards

Bas111in

 

 

[ashuneel]

1) Yes.

2) new role does not affect AC21, but you must qualify for the new H-1b filing.

3)  opportunities in the same company have to be in a job that is 50% different than current one to refile labor.