Employer Change; EB2; EB3

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#1

Case background:

  • EB2 Priority Date is 09/2013
  • EB2 status is I-140 Approved in 10/2015.
  • Last year in 11/2020, my current employer filed for EB3 downgrade. I only have a Receipt Notice for this as of yet. No further movement. Although, my current employer has agreed to send request for Premium Processing for EB3 I-140 application.
  • My 6 years of H1B have been expired since a long time.
  • I had a job profile change for which H1B Amendment was approved in 05/2021.
  • My profile over the year has slowly shifted from Marketing analysis to Data Analytics.
  • Now, in the meanwhile, last week I got another job offered which I would like to accept. The new position is completely Data Analytics focused. New employer is willing to do whatever is needed to hire me.

Questions:

  • What should I do? What is the best route to take?
  • If I take the new job, does the new employer have to start the process all the way from PERM? Do I retain the Priority Date?
  • What should I do with the EB3 application? Should I have the current employer file for premium processing, so I will have two I-140s on hand. Will this transfer to the new employer? Once the EB3 I-140 is approved, can this transfer to the new employer immediately, or do I need to wait for some time?
  • How does the change in job profile impact all this?
  • What considerations for risks do I need to keep in mind?
#2

Did your employer also file I485 and EAD/AP with the I140 downgrade application ? If not you should do it now as your PD is current under the EB3 final action chart. Upgrade the I140 EB3 application to premium processing and file I485, EAD & AP asap. You should focus on getting your GC rather than changing jobs at this point.

#3

Hi. Thanks for the response. Yes. I-485 and EAD/AP were filed along with I140 downgrade. I think I can push back starting with the new employer a bit. Do you think if I could have the I140 approved under EB3 with current employer, I’m okay to move? I guess - what I don’t understand is at what stage would it be okay to move? That is, does EB2/EB3 transfer similar to H1B-transfers?

#4

Yes, once your I140 is approved you can change employer as your I1485 is already pending for more than 180 days now. However if I were you I would change job only after getting GC as the PD is current.
Your new employer will need to file I485J as soon as you join them to take over the GC process. You will need to discuss with them and make them aware.

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