I'm currently in EB3. My I140 is approved and my AoS pending for the past 2.5 years. My PD is Nov.2001. If I move to a new employer and he starts my GC in perm EB2 can I use my old I140 and port my PD ? Can my current employer play spoilsport here ?
I'm currently in EB3. My I140 is approved and my AoS pending for the past 2.5 years. My PD is Nov.2001. If I move to a new employer and he starts my GC in perm EB2 can I use my old I140 and port my PD ? Can my current employer play spoilsport here ?
If your AOS (I-485) is pending for more than 6 months, you can use AC21 and switch to the new employer. No need for filing a new labor and going through hell once more. I dont believe your current employer can do anything at this point. Check this link: http://www.murthy.com/news/UDac21qa.html
As for porting PD to EB2, I think you can do it but only if you were qualified for EB2 as of that old priority date.
Needless to say, please consult a good lawyer and double check my statements.
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