Immigration Site

Ive my labor approved in EB3 category and I-140 approved in Dec. 2005. Priority date is in April 2004. Wonder what are my options as far as change of employer is concerned.

Is it okay if I join new employer and have them file for labor in EB2 PERM followed by I-140 or Should I get labor EB2-PERM and I-140 approved from the new employer before joining him

Quick response is appreciated.

This purely depends on how much you can rely on your new employer. If you do rely on them then you can have your H1 transfered, start working with them and then get your LC and 140 refiled. You would be able to retain the original PD of April 2004, as long as the old employer does not retract your 140 (Or so I read on other forums related to this topic).

The pitfall is, if your new employer gives you problems after you join them and cause problems in filing for your LC and new 140, you will be in big time trouble, as you will be left no where.

Good Luck.

thanks for the prompt response.

If my new employer is ready to transfer H1/file for labor in PERM followed by I-140, Ive a quick question. Since Ive I-140 approved from my old(existing) employer, he can file for 3 yrs ext. on my H1. Im already in 7th year. Now if the new employer files for H1 ext. would it be extended by 1 yr or 3 yrs. I can request him(new employer) to attach the I-140 approval that Ive already got.

again, look froward to quick response/s

thanks for the prompt response.

If my new employer is ready to transfer H1/file for labor in PERM followed by I-140, Ive a quick question. Since Ive I-140 approved from my old(existing) employer, he can file for 3 yrs ext. on my H1. Im already in 7th year. Now if the new employer files for H1 ext. would it be extended by 1 yr or 3 yrs.
3 years for H1B extension

I can request him(new employer) to attach the I-140 approval that Ive already got.

again, look froward to quick response/s