Changing job after I-140 petition submitted

Asked about 1 year ago - 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. Daniel Patrick Hanlon

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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. Alexus Paul Sham

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more
  3. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more

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