If you change employer after 180 days from when I-140 is filed, do you have to start the process from PERM again?

Amazon tctasss
Feb 9 12 Comments

What is different if you change employer before or after 180 days from I-140 filing? The only difference is that employer can revoke your application if you move before 180 days and it cannot after 180 days?

comments

Want to comment? LOG IN or SIGN UP
TOP 12 Comments
  • New / IT xRva30
    PERM process has to be started from beginning anytime you switch employer. 180 day period with same employer whom you are currently working with helps you to retain your priority date. You'd loose priority date and your new i140 approval date will become as your priority date if you switch before 180 days.
    Feb 9 8
    • Apple py1
      I was referring to @New’s comment not @microsoft’s comment.
      Feb 9
    • New / IT xRva30
      @py1 That's correct but we don't know how employer would react and to be on safer side it is suggested to switch after 180 days.
      Feb 9
    • New / IT xRva30
      @microsoft Thanks for clarifying
      Feb 9
    • Oracle acvbgh
      The I-140 approval implies you get to keep your priority date which is the date of PERM filing regardless of your employment changes. The catch used to be that if the I-140 is revoked, you lose the priority date. Good guy Obama changed that and said if you stay for 180 days after I-140 approval, the employer's potential revocation doesn't matter. This change is only for peace of mind - a big company never revoked I-140 since people bounce around and land back all the time. No one wants to pay lawyers unnecessary money.
      Feb 9
    • Apple py1
      @new My understanding is, unless you work in a very small company and someone is motivated to take efforts to make life hard for you, companies do not revoke
      Feb 9
  • Synchrony ————
    Yes unless your new job description is drastically similar in paper and salary and role. If you are from rest of the world, it would be wise to stick until you get GC. Else, it doesn’t matter. You have to wait 10+ years anyway.
    Feb 9 0
  • New Egypt80
    Approved i-140 only gives you a priority date and an underlying basis for filling adjustment of status.
    If you leave your employer you lose the underlying basis but may keep the priority date.
    A new employer will have to start the green card process from the PERM stage even though your new PERM will not dictate your priority date.
    Feb 11 0
  • Amazon xBvp75
    Yes. But you retain your priority date
    Feb 9 0