Legal Question in Immigration Law in New Jersey
Change of employer with I-140 approved (more than 180 days)
Hi,
I'm on H1B with employer A with approved I-140 (PD Nov. 2006). Employer B now filed an H1 transfer for me. My questions are:
1. will I lose my priority date from earlier approved I-140 if they file me a new one?
2. Does employer B need to file a new LCA?
2 Answers from Attorneys
Re: Change of employer with I-140 approved (more than 180 days)
If your I-485 has been filed and has been pending for more than 180 days, you are portable and may maintain viability of your green card application if your new job similar to the job set forth in your existing green card application. If this is not the case, then your new employer would have to file a new PERM application on your behalf. In such latter case, you would retain your old priority date since your I-140 has been approved.
The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.
Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation. We charge $150 for a consultation.
Anthony F. Siliato, Esq.
MEYNER AND LANDIS LLP
One Gateway Center
Newark, New Jersey 07102
www.meyner.com
Re: Change of employer with I-140 approved (more than 180 days)
If your I-140 has been approved, then you will be able to retain your priority date. With regards to a new H-1B, your new employer will have to file from the beginning. Note that he may not be required to start the labor certificatio and I-140 process from the beginning depending on your job. I recommend that you consult with an attorney to determine the best way to change employers and maintain status in the US.
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