Question regarding I 140 and Job change


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Hi Folks,


I have couple of questions. Here is my scenario.


I have approved I 140 from Employer A. I am currently working for Employer B. Perm/labor has been initiated by Employer B also 4 months ago but still waiting for labor approval. Employer B said they will port my priority date.


I got another opportunity hence I am planning to change my job now (Employer C). They are saying they will initiate my GC process upon completion of 1 yr with Employer C. Incase if I change my job now and by the time they start my GC process what if the dates becomes current? My current priority date is Oct 2010. Can Employer A file 485/EAD at that time?


If employer A files 485/EAD when dates become current, do I need to move back to Employer A?


On a sidenote when exactly a company can port the dates, during which stage..labor/140??


Thanks for your time!!



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Though GC is intended for future employment, When you priority dates become current you need to come back to employer A to make sure that you are on his payroll. Don't listen to other rumors which asks you to stay with your current employer..etc


Typically, an employer can port the priority dates after approval of your i 140.

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Thanks a lot for your reply Ricky. So as soon as my priority date becomes current I have to go back to  my previous employer A right?


If I continue to work with Employer C even after my priority dates become current, which status I would be working under (H1 or EAD??) Lets assume Employer A files for 485/EAD during that time.


I was in understanding that I can work for Employer C but once my GC gets approved I have to work for Employer A.


Please let me know your thoughts.

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  • 3 weeks later...



I am in 9th year of my H1B, my I-140 approved on April 2013 based on that I got 3yr H1 extension till Oct 2017 , now I need to change my employer as I got full time offer.


my current employer  ready to provide me all supporting documents to transfer my H1 and also assured me he wont revoke my I-140


so if I join new company ,do I need start my GC processing again or shall I continue with my current I-140 and come back to my old employer when my priority date get current ?



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