Changing Employer post I140 Approval

Asked over 1 year ago - Philadelphia, PA

I applied for my Green Card in Jan 2011 ( Labor filed date ) with my current employer . I have an Approved Labor Certification and Approved I140 from my current employer . I - 140 got approved in 9 / 2011 . Can i change employer ? Will I be able to Port my Priority Date if the new employer files for my CG ?

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . I agree with Mr. Ferrari. You can recapture the priority date.

  2. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . The priority date from an approved I-140 can be recaptured for a new I-140.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Rebecca T White

    Contributor Level 15

    2

    Lawyers agree

    1

    Answered . Yes, you can do so, but you do need to also be sure that the change of employer and new position will satisfy all requirements.

  4. Akanksha Kalra

    Contributor Level 14

    Answered . Your new employer will need to file a new PERM labor certification on your behalf. Once the new labor is certified, your new employer can file a new I-140 on your behalf and request a retention of the earlier priority date (of the first labor cert filed by your current employer).

    Disclaimer: The information provided here is generalized and should not be relied upon as legal advice. This... more

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