When can I change employers if my I140 is approved, and I have not filed I485?

If my I140 is approved under EB2 and I have not yet filed my I485 as my PD is not current, can I still change employers, and also keep the priority date? Does my new employer have to file LC and I140 again (but my PD can remain the same)?

Dallas, TX -

Attorney Answers (4)

Shiv Kumar Kapoor

Shiv Kumar Kapoor

Immigration Attorney - San Antonio, TX
Answered

Yes, you can change and keep priority date. Unless you will go back to your current employer and they will support your I-485, then your new employer will need to file LC and I-140 for you if they are willing to.

Alexander Joseph Segal

Alexander Joseph Segal

Immigration Attorney - New York, NY
Answered

Talk to your new employer's immigration attorney. They want you, correct. They should know the answer.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
Giacomo Jacques Behar

Giacomo Jacques Behar

Immigration Attorney - San Diego, CA
Answered

The new employer can file a new H-1B on your behalf, and you will be approved for three more years, given that you already have an approved I-140. The new employer will have to restart a new PERM and I-140 process all over again, but you can preserve the priority date of your old PERM.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Immigration Attorney - Chicago, IL
Answered

The new employer may file a petition for you, if you are a valuable asset for them, also, their immigration visa attorney will provide all necessary assistance for you.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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