I-140 approved, taking up a new job

[mayureshs]

Dear Friends,
I am currently working as a consultant at a firm since passed 3 years, under the same employer A. My employer A has applied for my GC in EB2 and I had my I-140 approved in Jan 2009, waiting for my priority date of Sept 2007 to be current to apply for I-485.

The client (B) where I am current working as consultant has offered me a full time position with them, same profile and similar pay, but at different geographical location. Can some one please explain me if I can keep my same priority date if I take this new full time position offer ? Do I have to re-apply for PERM/LC and I-140 ? What process do I need to go through ? What kind of risks am I taking here ? I would appreciate any comments.

Can I convince my current employer A not to revoke my I-140 and take it from there without re-applying for LC/I-140 with my new employer B.

Thanks

[txh1b]

Your new employer has to start the GC process from scratch and you get to retain the PD from your already approved labor for the new labor.

[mayureshs]

Your new employer has to start the GC process from scratch and you get to retain the PD from your already approved labor for the new labor.

What happens if my original PD with employer A is current and my LC or I-140 with employer B is still in process ?

[txh1b]

You can concurrently file for I485 if PD is current and I140 is pending.

[mayureshs]

Thanks for replying.

Besides the employer A assuring me that they will not revoke my I-140, how else can I verify that my I-140 is not revoked when I switch from employer A to employer B ?

I understand if my I-140 is not revoked by employer A and I join employer B then I don't need to re-apply for LC and I-140 again, correct ?

And when by PD with employer A (sept 2007) is current, I can straightaway apply for I-485, correct ? Is there any risk with this approach as my LC and I-140 was applied by my old employer A ?

[mariejm]

Check out the transportability rule. Your I140 has been approved for more than 180 days. research AC21

I had a similar situation back in the day, and all I did was to write a letter to INS at the time, explaining my intentions to seek a new job. I found a another job, (similar, accountant ) and when I started the job and took the job offer letter to the interview. I was not grilled about it, as they had the letter I sent right there in my file. In fact they asked me matter-of-factly, if my former employer revoked the I 140. i told her i really had no idea.

all the best

[mayureshs]

Check out the transportability rule. Your I140 has been approved for more than 180 days. research AC21

I had a similar situation back in the day, and all I did was to write a letter to INS at the time, explaining my intentions to seek a new job. I found a another job, (similar, accountant ) and when I started the job and took the job offer letter to the interview. I was not grilled about it, as they had the letter I sent right there in my file. In fact they asked me matter-of-factly, if my former employer revoked the I 140. i told her i really had no idea.

all the best

Am I eligible for AC21 if my I-140 is approved in Jan 2009 and haven't yet applied for I-1485 (waiting for PD -Sept 2007 to be current) ?

[mariejm]

Read the requirements on the USCIS website.

[utirn]

I140 Approved - New Job

I am currently working with company A and my I-140 is approved.

Receipt Date I140 : 25th Dec 09
Notice Date I140 : 15th Mar 10

PD: 30th Oct 08

I am planning to join company B and port my PD.

1. Do I have to wait for 180 days of I140 approval inorder for porting PD ?
2. 180 days is from Receipt date or notice date ?

Please help.