PD and new PERM

[sgottipa]

Hi All,

I am about to move to a new employer. I have my prioroity date set to Sep 2008 with my current employer and they will not withdraw my 140.

Now that EB2 India is at April 2007, what happens in the following scenario:

1. My new employer initiates PERM and it is in process when my priority date (Sep 2008) becomes current - will I lose my priority date/position in the queue

2. Is it fair to assume my priority date (Sep 2008) becomes current in the next 1 year (since EB2 India is at April 07) - I know no one can predict, but looking at past trends and the lower no of applications in 07 end/08...any educated guess?

My joining the new company is kind of contingent on what I learn about this scenario and I am very confused - any advise is greatly appreciated.

Thanks!

[SameerH1Bworker]

Did you read Murthy's last bulletin? It was mentioned that DOL has stopped processing PWD for uncertain time, which is 1st step even before filing PERM. So, if you employer will not able to file your PWD & then PERM then if your PD becomes current then either file I-485 thru old employer or just wait & wait & wait.

[sgottipa]

Thanks for pointing me to that posting. I guess my question is irrespective of the wait time for PWD and the PERM certification process, in the even my PD becomes current, I will not be able to file for 485 - so does that mean my PD is lost? Or I can still file for 485 (concurrent with 140) once PERM gets cleared, even though my PD date has passed?

Thanks.

[SameerH1Bworker]

PD never lost unless your previous employer revokes your approved I-140.

Now, in case if tomorrow your PD becomes current & remains current in future & if DOL starts again PWD then you new employer files for PERM & after that you can file I-485/140 concurrently.