Retaining PD after changing Employer

imm_03

New Member
Hi Gurus,

Suppose if Labour and 1-140 is cleared from employer A, and if some one joins Employer B and starts Labour Process again, can he retain priority date of his previous labour. If this is possible under what conditions, it can be possible. If anyone have done this earlier please advise.


Thanks in advance.
 
Hi .. I may be in the same boat .. I have been told that the current employer with whom you have already cleared the labor and I-140 should not pull them back. In that case you may refile your labor under PERM now and have the same PD. This is to my best knowledge.
 
jUSe AC-21. Even if uyour 140 is approved and 485 is pending for more then 160 days, still their is a little risk invloved. YOur employer can substitute your labour and hire someone. This is what most of Desi companies have been doing for past 6-8 months. Recently I read on this website that Immigration Dept made a rule again Labor siubstitution. I am not sure when this becomes law. If this rule has became law then you are pretty safe.


please consult with your attorney and chekc all pros&cons before taking decision. I am not a lawyer.


thanks
 
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