If I’m currently in the process of obtaining my sponsored green card (employment sponsorship) and currently have to opportunity to change jobs, how would it affect things?

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If I’m currently in the process of obtaining my sponsored green card (employment sponsorship) and currently have to opportunity to change jobs, how would it affect things?

The first 2 steps have been already approved (labor cert and I-140) and waiting for the third step to be completed. My application was I currently work in.received by the USCIS 6 months ago. The new position is in the same field that I currently work in.

Asked on November 21, 2014 under Immigration Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The final step - the filing of the I-145 - is the issue and the question is if the original employer can file if you leave/  The answer is no.  But, the new employer starts a new green card process you would potentially be able to have the benefit of retaining the priority date from the first employer's approved I-140. Seek help from an Immigration Attorney.  This is fact specific.  Good luck.


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