Legal Question in Immigration Law in New York
priority date transfer to new employer
hello there,
my current employer has filed my green card under EB3
category...i recently got I-140 approval a month back and I
have NOT filed my I-485 as I am still waiting on my priority
date to be current....
I know, I can use this priority date with my future employer
even before I file I-485..correct me if I am wrong...
Now my question is:
do I need a copy of approved I-140(or any other
document) from my current employer, if I want to use the
same priority date with new employer? If yes, is there a
way I can get the copy from USCIS because my current
employer will not release this copy to me as I dont work
there anymore.
sincerely appreciate your response..
2 Answers from Attorneys
Re: priority date transfer to new employer
An I-140 application is employer specific. Thus, in order to transfer the priority date, your new employer will have to file a new labor certification application and I-140 application for you. You do not mention your current status in the US now, but you will have to maintain status in order to be eligible to adjust status. You should speak to an attorney in detail about your specific case and what you can do to maintain status and file another application.
Re: priority date transfer to new employer
If you have the receipt number of the I-140 that was approved, you would be able to obtain the status of the application online and a printout of that status would be sufficient.
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.
Anthony F. Siliato, Esq.
MEYNER AND LANDIS LLP
One Gateway Center
Newark, New Jersey 07102
www.meyner.com
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