Can I change job

L

longgcwisher

Registered Users (C)
Hi,

I am on the 7th year H1 extension and have a pending LC application (Non RIR filed in Aug 2003 by CompanyA). I am offered another job by CompanyB. They are ready for processing my case on PERM. I am concerned about the Priority date. Can I continue my GC process with CompanyA and process my case simultaneously through CompanyB? Any advise is really appreciated.

Thanks,
longgcwisher
 
you can change jobs if the first company agrees to continue your labor processing

or..

If your new job is very similar to the new job.. in which case you can apply via perm.. withdraw the previous labor and still keep the old pd
 
puvathoor said:
If your new job is very similar to the new job.. in which case you can apply via perm.. withdraw the previous labor and still keep the old pd
Click to expand...

That is not true. PD of a labor that is not approved yet is portable only within the same company, ie if Comp A files for Perm labor then only you have the option to keep old PD. Here the guy is asking about moving to a different company, in which case the PD can't be ported. Also note porting of PD from un-approved labor is not a safe thing to do.

It is possible to port PD between companies only after 140 is approved for both Comp A and Comp B. Here in order to port PD from Comp A to Comp B,
- Comp A should not withdraw the 140 application, and
- it should not use your labor for another applicant as substitution.

Coming back to changing employer, do so only if it is absolutely necessary. Also before you do so make sure that Comp A will continue with the GC processing on your behalf even after you join a different company. Yes Comp A can continue the GC processing, since it is for future job.

It is not a bad idea to consult an attorney before you decide one way or the other.
 
Hi,

Thanks for the replies. CompanyA is ready to continue my GC process. From your reply, Is it possible to start PERM processing from CompanyA and keep the priority date? From other postings, I have read that it is not possible. CompanyB also is ready to process my GC on PERM. What will happen to my H1B? I am on 7th year extension.

Thanks,
longgcwisher
 
It is possible to start Perm process with Comp A and keep the PD, but generally it is advised not to do that. With this process you might as well end up losing the PD all together, which is not what you want.

As long as you have a Pending/Approved Labor with Comp A for 365 days or more with you as the beneficary, you can continue getting yearly H1B extensions irrespective of whether you are working for Comp A or Comp B.
 
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