Legal Question in Immigration Law in Virginia

I140 Approved; Can i change employer and still retain my old Priority Date?

FACTS:

1. My green card is applied through my current employer

2. My I-140/labor just got approved under Perm

3. My priority date is Dec. 28, 2005 and

4. My H1 Visa will complete 6 years in Jan 2008.

PURPOSE:

I am planning to switch to consulting from my present full time employment. I want to make sure that because of this shift, my Green Card process is not effected, now that i have come so far with it.

QUERY:

1. If i switch my employer at this stage and my new employer files for my green card under Perm, can i retain the same priority date on which my I-140 got approved through my current employer?

2. Would i need to go on the same job title as my current employer used to file for my green card?

3. Any other requirements to be fulfilled by my new employer, XYZ?

I would really appreciate your valuable advice on this matter.


Asked on 12/21/06, 11:51 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: I140 Approved; Can i change employer and still retain my old Priority Date?

Until you actually are approved for and receive

your LPR(lawful permanent resident)status, your

visa status remains H1B which means that you must comply with all the conditions which are attendant upon that particular visa status, including maintaining the same kind of employment under which that visa was granted until the USCIS grants you permission to undertake a different kind of employment.

Read more
Answered on 12/22/06, 9:21 am


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