Once PERM has been approved

P

pepin

New Member
Hello all,

My current employer is sponsoring me on my Green Card.
I have now my PERM application approved. My question is if I change employers right now, do I need to start the entire process over or can I continue from here?

Thanks
 
I am not expert on the GC process, but i do know that the LC is company specific, so if you leave then you cannot in anyway use that LC from previous employer.

If you leave, then the company can use the pre-approevd LC for that specific position for another employee.

Hope this helps

Regards
Mav
 
My recommendation is for you to at least wait until you have your I-140 approved. After that, you get to keep your PD. Unless company B has an LC that is exact to what you got approved for is, they will have to restart your process, but if you have your PD from company A, you at least wont worry about losing time (unless your EB is current right now)
 
"Priority Date". You can check if your priority date is current or not in the USCIS visa bulletin. This depends on your country of citizenship. Your I-485 processing is based on the priority date you have as that decides if they have Immigrant visa for you in that year.
 
ImmigraBoy said:
My recommendation is for you to at least wait until you have your I-140 approved. After that, you get to keep your PD. Unless company B has an LC that is exact to what you got approved for is, they will have to restart your process, but if you have your PD from company A, you at least wont worry about losing time (unless your EB is current right now)
Click to expand...

Well I may be wrong here but my understanding is when you change your company either after PERM or after I-140 approval you wil have to refile PERM and I-140 with the new company as the PERM is company specific and I-140 is approved on the basis of PERM so both PERM and I-140 are inter-linked. You can change your company and not have to refile PERM/I-140 only if its been 180+ days since you filed I-485. So I don't understand how you can keep your PD after getting the I-140 approved and changing your job. When you change your job you lose your PERM, you lose your PD and you lose your I-140 approval. Could you please explain your understanding of the above.

Thanks.
 
nxm, here is a little snip from immigration.com faq:

CHANGING EMPLOYER AFTER I-140 APPROVAL
If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.

If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.

We recommend that an applicant keep at least a copy of the I-140 approval notice.

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I believe that what you are saying about 180+ days are correct, however if your I-140 is approved, even though the new employer would have to go through the LC and I-140 again, you would still keep your PD. Think about it, having your I-140 approved means that both the labor department and USCIS agreed that you are fit for the position that you were applying for, so it is your right not to be all the way back of the line when you apply again.
 
Thanks

Thanks guys this really helps me understand my options.
Getting a PD is the important part here, since they are so far behind right now. I hope there are some improvements to the process so that applications can be process more quickly.
 
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