switching jobs and CP

jackhardy

New Member
hello, i am an Indian citizen working for a small US IT services company and have applied for GC under EB3 category. my PD is sept 04. I opted for consular processing over adjustment of status during the 2007 priority dates fiasco in the hopes of getting GC faster. i have an approved i-140 and the NVC has completed the processing of my case and forwarded my file to US Consulate in Mumbai. just waiting for PD to get current and a number to be available. the problem is that my company is going through a real hard time right now and i am afraid of getting laid off. my h1-b expires sept 2010. i am on my 8th year h1-b extension. i have the following questions.
1) can i work for another company here and transfer my h1-b asap?
2) if so, will i have to start my green card all over again?
3) will i be able to retain my existing PD if GC starts all over again?

Thanks so much for your input.
 
The portability provision under AC21 only works if a I-485 has been filed and is pending for more than 180 days. I don't think you can use portability in a consular processing case. If you get laid off, you might not get an immigrant visa in Mumbai if your current employer cannot provide you with a job for which a LC was obtained.
 
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