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shyam619
04-12-2009, 11:08 PM
Hello Readers,

I have an approved Labor and approved I-140 but the I-485 is pending. Though I have an EAD, I am still working on H1. I am planning to change my employer soon using a H1 transfer and wanted to find out the following from you experts:

1. Do I HAVE to port my PD with the new company I plan to join and re-apply Labor and I-140?
2. Can I just join my new employer with a H1 transfer and wait till the PD becomes current for my existing I-485 to be considered for approval?
3. Will the whole process repeat again and all I can salvage from the previous process is just the PD?

Please provide your opinion.

Regards.

roseball
04-13-2009, 04:44 AM
1. Do I HAVE to port my PD with the new company I plan to join and re-apply Labor and I-140?

No, you dont have to.

2. Can I just join my new employer with a H1 transfer and wait till the PD becomes current for my existing I-485 to be considered for approval?

Yes.

3. Will the whole process repeat again and all I can salvage from the previous process is just the PD?

No, your current pending 485 continues as long as your new job is in the same/similar role as in the original labor application and it has been more than 180 days since your 485 is applied.