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Change the present employer when EB2/485 sponsored by a future employer is pending?

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  • Change the present employer when EB2/485 sponsored by a future employer is pending?

    Hi friends,

    I have my I140 approved (EB2/India) and waiting for 485 approval. (GC is sponsored by a company as a future employe Ar, I never worked with them).

    I am currently working for employer B for about 1 year on H1 and would like change the employer to C. Though I have approved EAD which is now valid up to 10/2010 I have never worked on EAD.

    I am in my 7th year in US.

    New employer needs to do new H1 if I have to work with them and dont want to use EAD?

    Also can I start new 485 process with the new employer C maintaining the old priority date. PD 3/18/2005 and I140 appr date 7082008


    These are the dates

    PD 3/18/2005

    I140
    Approval date: 7/8/2008

    485
    Recpt date 7/26/2007
    Notice dt 9/21/2007

    Thanks
    Kashi

  • #2
    PD can be re-captured. You must be talking about the new employer extending your H1b for 3 more years rather than a new H1b. To qualify for a new H1b, you need to be out of US for 365 days.

    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.

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