Porting priority date and gap in employment
Gap in employment and porting priority date:
What if there is a gap of employment between leaving the previous employer who made the initial green card application under EB3 and joining the new employer who is willing to make a new application under EB2.
I-140 is approved, I-485 was pending for more than six months when the employee left the first company and has had a gap in employment for a few months. The employee has joined the new company using EAD. I-140 has not been revoked.
Would applying for the green card under EB-2 and trying to port the EB-3 priority date cause any complications given the gap in employment. The new job satisfies the same or similar job requirement with a 50% bump in salary and meets the EB-2 requirements. Would really appreciate your insight on the risks to be aware of if any due to the gap in employment. Thanks!