Urgent Please help

[manirag]

Hi Experts,
I am here held up with some hurdles for applying my GC.
I am planning to apply for my GC in this month (Completed master in USA) and asusual starting with Labor certification . My question here is

If i shift to new company in future once my Labor certification is approved, Does my priority remain same?

Thanks in Advance.

Thanks,
Manirag

 

[whitemimauz3]

Labor certification/I-140 is future/potential employment contingent upon approval of these petitions, i believe you can carry the priority date, no matter how many employers you switch based on your existing h1b, L visa, etc, provided I-140 job offer should not be rescinded/cancelled by I-140 petitioning employer unless you are invoking AC21 portability clause changing employer 180 days after filing of I-485

 

[st4rguitar]

Manirag,

The only way to secure your priority date is if your current company (Company A) applies for your Labor Certification, it is approved, then your I-140 is filed and approved. Then, when you join Company B, you would need to file a new labor certification with them and then when you file the I-140 with them do what is called a recapture, where you provide a copy of your company A I-140 approval notice. That is the only way to secure your priority date.

 

[st4rguitar]

Labor certification/I-140 is future/potential employment contingent upon approval of these petitions, i believe you can carry the priority date, no matter how many employers you switch based on your existing h1b, L visa, etc, provided I-140 job offer should not be rescinded/cancelled by I-140 petitioning employer unless you are invoking AC21 portability clause changing employer 180 days after filing of I-485

Labor Certification and I-140 petitions are based on the EMPLOYER and not the employee. The employer has the right to cancel or withdraw the I-140 petition.