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  • I-140 stage & planning to change employer

    Hi,

    I applied 140 on my approved EB3 labour. Now I got a good offer from other company they are ready for immediate start of my GC under EB2(where I am eligible on number of years expeciance, when I swith to this company).

    If I upgrade my 140 for premium processing, after approval of that if I joined with new employer, can I use the priority date of my EB3 labor to the future labour(EB2)?. My current employer is ok with my move.

    It would be great if some one can answer this.

    Thanks,
    ~C

  • #2
    You do not need the I140 approved to port your PD. Approval of labor is good enough to port the PD.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Sorry to ask you again. Is that mean I can use the PD of EB3 to EB2.

      Thanks,
      C~

      Comment


      • #4
        Originally posted by chandu123
        Sorry to ask you again. Is that mean I can use the PD of EB3 to EB2.

        Thanks,
        C~
        Yes. The attorney has to do the proper legwork that allows to capture the PD from the previously approved labor and pending I140. You would need the copy of approved labor to support your claim.

        You also have to realize that not everyone can "Premium Process" the I140. You have to qualify for it as per the USCIS guidelines.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Thanks for the reply.

          It would be great if you could tell me the link for USCIS guidelines for I140 'Premium Process'.

          Thanks in Advance,
          C~

          Comment


          • #6
            /i-140-premium-processing/

            I140 PP has been restored for few people.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              This is in continue with the same post, but little differently.

              I don't want to change the employer and want to apply EB2 labour as a future employment with other employer. There are two doubts on this

              1) Is this possible?.(If possible my current experiance will be counted or not?).
              2) If possible, can I utilize the priority date of the labour(EB3) which I applied through my current employer.(EB3 to EB2)

              Thanks in Advance,
              ~C

              Comment

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