Repurcussions of switching jobs

[randomax]

Hi All - relative newbie here and had a question regarding switching jobs. My PD is june-2010 (Indian, EB2) and I have a potential job offer that I won't take up till April 2012. I have two questions:

1) Maintaining PD: I am fairly certain I can maintain my PD even if I switch jobs. My job profile is going to be fairly similar, but are there any caveats here? Is it more or less a given or are there situations where this does not happen?

2) becoming current: although I think its pretty unlikely but what happens if I become current before a new labor can be filed after I move. for example, I file for labor in june 2012 and i become current in may 2012?

3) how long after filing for 485 before i am no longer tied to my employer?

thanks very much for your thoughts.

[randomax]

anyone? should I be posting in a different sub forum? Thanks.

[Pundit Arjun]

1) Maintaining PD : This document (http://us-non-immigrants.blogspot.com/2011/05/ac21-portability-faqs-and-sample.html)by CM explains about what "Same or Similar Job" means. This should give you some insight.

2) becoming current: Nothing happens. Once you get your new labor approved, then you can use your existing/old I-140 approval and recapture the priority date. Again, if your dates are current at that time, you can file 485 and 140 concurrently.

3) Safe to say after 180 days to invoke AC21.

Personally, I would ask you to stick around till 180 days after filing 485 (Only because the June 2010 may get current soon).
Hope this helps.
But if you decide to switch, Pay a good immigration lawyer for 30 minutes of their time and discuss all the cons, if any.
Good luck !!!!


Hi All - relative newbie here and had a question regarding switching jobs. My PD is june-2010 (Indian, EB2) and I have a potential job offer that I won't take up till April 2012. I have two questions:

1) Maintaining PD: I am fairly certain I can maintain my PD even if I switch jobs. My job profile is going to be fairly similar, but are there any caveats here? Is it more or less a given or are there situations where this does not happen?

2) becoming current: although I think its pretty unlikely but what happens if I become current before a new labor can be filed after I move. for example, I file for labor in june 2012 and i become current in may 2012?

3) how long after filing for 485 before i am no longer tied to my employer?

thanks very much for your thoughts.