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Asked in NJ May 25, 2022 ,  0 answers

Change of employer with I-140 approved (more than 180 days)

Hi,

I'm on H1B with employer A with approved I-140 (PD Nov. 2006). Employer B now filed an H1 transfer for me. My questions are:

1. will I lose my priority date from earlier approved I-140 if they file me a new one?

2. Does employer B need to file a new LCA?

Data From  LAWGURU_Question

2 Answers

Anonymous
Reply

Posted on / Jan. 16, 2009 11:51:00

Re: Change of employer with I-140 approved (more than 180 days)

If your I-140 has been approved, then you will be able to retain your priority date. With regards to a new H-1B, your new employer will have to file from the beginning. Note that he may not be required to start the labor certificatio and I-140 process from the beginning depending on your job. I recommend that you consult with an attorney to determine the best way to change employers and maintain status in the US.

Anonymous
Reply

Posted on / Jan. 16, 2009 11:51:00

Re: Change of employer with I-140 approved (more than 180 days)

If your I-140 has been approved, then you will be able to retain your priority date. With regards to a new H-1B, your new employer will have to file from the beginning. Note that he may not be required to start the labor certificatio and I-140 process from the beginning depending on your job. I recommend that you consult with an attorney to determine the best way to change employers and maintain status in the US.

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