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payal_nag
02-26-2007, 12:44 PM
Hello All,

I have a few questions for the group. I have an approved labor and I-140 in EB3 category with a 2005 priority date. My 7th year H1 expires on May 11 2007 and my company has already filed for my 3 year H1 extension based on my approved I-140 which will be valid from May 2007 to May 2010. My questions are the following:
1) Can I change my employer and keep my 2005 priority date if the new employer also agrees to file a fresh PERM app and I-140 for me?
2) If I qualify for EB2 category, can my new employer file for I-140 in EB2 category and still maintain the old priority date?
3) Since my current visa is valid till May 11 2007 and new visa will be valid from May 12 2007, can i start work for a new employer in April 2007 based on my new 3 year H1 or do I have to wait till May 2007 to start work on the new visa?


Any help will be greatly appreciaited.

Thanks

GCBy3000
02-26-2007, 05:56 PM
As far as I know, yes.

Your 3rd question is not correct. You will not get new visa until you get it stamped.

payal_nag
02-26-2007, 06:03 PM
Thank you for the response. I correct myself, I shouldn't say Visa. I mean Approval Notice. With the approval notice in hand which is effective May 2007, can I switch employers before that and get a transfer of H1 for the 3 years based on that or will I have to wait till May? Thanks!