H1B transfer based on new labor petition after i140 revoked and no existing i140 approved.

[dveligeti]

Hello,

 

I'm currently working for Emp (Employer) A since 2008. I have my GC processing with Emp B and have I140 approved for “ETL Developer” in EB2; my priority date is July 2012. I'm planning to change my job/employer and assuming Emp B cancels my I-140 after my change of job.

 

Can I retain my priority date? Can I change positions/job duties while changing jobs and still retain priority date? What is the requirement to port existing EB2 priority date to new labor or I-140?

 

Based on my I140 approval If I take up a new job (after my H1B approval) with Employer C, assuming I get my H1B approved for 1/2/3 yrs and Emp C is willing to start my GC process only after one year. At the same time when I take up a new job, I would like to do a future employment (start a new labor petition) with Employer D who is willing to sponsor my GC.So, Emp D starts my GC process while I work with Emp C. If I have, my labor approved within a year even before Employer C starts my GC process and if in any case Emp C changes mind to not file my GC or cannot file.

 

Can I use the approved labor petition from Emp D to file my H1B transfer from Emp C to Emp D and start working for Emp D? Since, Employer B has cancelled my I140 petition can I still use the approved labor from Emp D to file my H1B transfer/extension.

 

Thanks

Deep