I don\'t think it\'s possible Chris. You need to start all over.
But don\'t take my word for it. Here are opinions from other immigration attorneys:
Sheela Murthy:
Question 7. Is it permissible to change companies after being approved for I-140? Are there any concerns that one should be aware of while doing this? TOP
It is always permissible for a person to change companies after being approved for the I-140. The catch is that the person may have to start labor certification over from the beginning and go through the I-140 again, but may be able to retain the earlier priority date from the first company. If the I-140 is based on a national interest waiver, on a self-petitioning basis, switching employers may not affect the Green Card process at all if within the same field of expertise.
Question 8. Is it possible to change employer after you get your labor certification and still continue the GC process with same priority date? TOP
One can use the earlier priority date only if the immigrant petition (I-140) with the previous company has been approved. However, the person has to start the entire process over from the beginning and go through labor certification and immigrant petition once again with a new employer.
Question 9. Is Labor, I-140 etc. valid only for one employer? Does a change of employer make the above approvals void? TOP
The labor certification and the I-140 is only applicable for a particular employer in the United States. Changing the employer requires that the person start the process over from the beginning with the possibility that the priority date can be maintained, in some instances.
Rajiv Khanna:
Q113 I am currently on H1-B and my I-140 has been approved. I have received another job offer. I heard that although the labor certification has to be redone, the "priority date" from my current I-140 could be used even after the "second" labor certification. Is this possible?
A113 So far that is the law.
[Index] [Compiled by Law Offices of Rajiv S Khanna]
and
www.immihelp.com:
An I-140 petition approval is entirely contingent upon the employee remaining in the same job. If the job changes, then a new I-140 is required. This is true whether the I-140 is sponsored or self petitioned, though in the case of a self-petitioned I-140, a new job that is substantially similar would continue the validity of the petition.
Hope this helps.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702