I am currently in my 10th year of H1-B and for the last 7 years I am working with the same employer with approved I-140. My I-485 is not filed since my EB2 priority date of FEB 2011 is not current. Can I switch employer at this time if the new employer is willing to file only for transfer of H1-B but not an immigrant petition to begin with?
If you change employers you must obtain a new labor certification and a new I-140 petition although you retain the original priority date.
Should you decide to switch employers, the new employer will have to file a brand new labor certification and I-140 immigrant petition. You will, however, be able to retain/recapture/re-use your old PERM's original priority.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I agree with my colleagues. The new employer has to file a new labor certification, but you can retain the priory date.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions.
It would be a big mess if you switched employers.
Why don't you want to stay with this company? They've been good to you ... spending thousands, and thousands of dollars on your visas.
Be patient ... you'll be able to wander around the job market soon enough.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are 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.
It depends whether the old employer will continue to support their I-140
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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