If I switch jobs with Labor approved, Can I carry the PD?

K

krishna_

Registered Users (C)
Hello,

Can one switch jobs with labor cleared and hold onto the Priority date? Also, can one switch jobs after I-140 cleared and hold onto the pd date? If yes, what are the conditions? I am assuming the new employer will have to do labor again and even I140.

Thanks Guys :)
 
Doesn't anyone have any idea?

Does anyone have any clue regarding Priority dates?
Any links or pointers would help.

Thanks everyone.
 
krishna_ said:
Hello,

Can one switch jobs with labor cleared and hold onto the Priority date? Also, can one switch jobs after I-140 cleared and hold onto the pd date? If yes, what are the conditions? I am assuming the new employer will have to do labor again and even I140.

Thanks Guys :)
Click to expand...

Krishna,
According to my lawyer, you should be able to hold on to the PD once you have an approved I-140. The new employer will have to do labor again and during the new I-140 process, you will request for the recapture of your older priority date. This is clearly defined in Section 8CFR 204.5(e). Take a look at it here:

http://uscis.gov/lpbin/lpext.dll/in...plates&fn=document-frame.htm#slb-8cfrsec2045e

Good luck.

-Navin
 
Bunty2772 said:
Krishna,
According to my lawyer, you should be able to hold on to the PD once you have an approved I-140. The new employer will have to do labor again and during the new I-140 process, you will request for the recapture of your older priority date. This is clearly defined in Section 8CFR 204.5(e). Take a look at it here:

http://uscis.gov/lpbin/lpext.dll/in...plates&fn=document-frame.htm#slb-8cfrsec2045e

Good luck.

-Navin
Click to expand...
As per the link given above, "A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify"

Does this mean that if I have a Eb3 approved labor and 140, I can retain the Eb3 PD if I reapply in Eb2 perm and apply 140 second time ?
Guys please advise.
 
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