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Changing job after I-140 petition submitted

Mountain View, CA |

Hi,

I am currently awaiting my PERM certification. I understand that after my PERM is approved, my employer will be filling an I-140 petition. Would it be possible for me to change my job, after my I-140 is filled (But before it is approved) and retain my priority date.

Attorney Answers 3


  1. If your employer were to withdraw the I-140 upon your departure, you would not be able to retain the priority date. Only if the I-140 is approved would it be possible to retain the priority date for a subsequent petition. I recommend that you consult with a qualified U.S. Immigration & Nationality law attorney for further guidance.


  2. Change job? Change Employer? Or both?

    Change Job? Yes ... but. you need to be prepared/willing to 'go back' to the PERM job when the visa is available.

    Change employer? Not a good idea.

    Change both? Not a good idea.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. I agree with my colleague . The I-140 must be approved in order for you to retain your priority date.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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