Solution Please!

[spider]

This is the scenario:

Working in H1B (My second H1B expires on July 2009)


Regarding GC:

1) PERM LC Approval date: May 02, 2008
2) I-140 petition filed for EB3 : July 18, 2008 (still in process. Not approved as of today)

My company wants me to go to overseas, but bcos of my family I am not willing to. They have given me 3-4 months to get another job. My question is:

If I get another job, do I have to start my LC and I-140 again?

[txh1b]

Yes.

[spider]

Another Question!

Thanks txh1b for your reply.

I have one more question.

Other option my company gave me was they can give me another job but depromoting my position. Say for example from grade 26 to grade 25.

1) Do I still have to start my LC & I-140 from the scratch?

If yes to Question 1), then

2) If the date becomes current, do I have to wait till my LC is approved to apply for I-140 and I-485 or Can I start I-485 with my Old LC and I-140?

Thanks in advance!

[txh1b]

If the LC was approved for X position and job description is for that position, if the job duties significantly vary for X-1 postion, yes, a new LC and I140 have to be filed.

On the contrary, if the company is willing to promote you to X position at the time of processing of your I485 (may be couple of years), you can still go with the demotion now as GC is for future employment.

This is very specific to your case and the lawyer that did your labor and I140 can answer this better as without looking at the two positions in detail, nothing can be said.