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Changing Employer post I140 Approval

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 ?

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Attorney answers 4

Posted

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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Asker

Posted

Thanks for responding to my Inquiry. The new employer is going to file my Labor Certification after 6 months , meanwhile if my current employer revokes my I-140 , what would be the possibilities I have then?

Posted

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.

Asker

Posted

Rebecca, Thanks for responding to my Inquiry. Question: What do you mean by satisfying all requirements: Do you mean : Same type of job , same designation or location etc.?

Asker

Posted

Thanks for responding to my Inquiry. The new employer is going to file my Labor Certification after 6 months , meanwhile if my current employer revokes my I-140 , what would be the possibilities I have then?

Posted

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

Posted

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 communication does not create an attorney-client relationship.

Asker

Posted

Akanksha, Thanks for your response. One question: What if my current employer revokes my I-140 before my new employer files for the Labor Certification and I-140? Will I be still able to port the PD based on my Revoked I-140 Approval?

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