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moving to better paying job

Discussion in 'College and University Staff' started by vinayka, Apr 20, 2011.

  1. vinayka

    vinayka Junior Member

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    Hi Ron:

    I'm currently working at a university and my I-140 is pending approval in EB3 category. I applied for it in November 2010 and guess it takes about 6 months for the approval. Meanwhile, I received a better offer from another company ( not a university) which I'm inclined to take. However, when I think about the visa re-capture legislation, I worry that if I move and the legislation comes in affect, would it mean that I gave away my chance of getting green card faster? If answer to that question is yes, then it feels like it is better working at the university even though the pay is much much lower.

    My priority date is in Jan 2010 and I'm from India. I'm on H1b visa since 2007. The company from which I received the offer said that they will be sponsoring green card but did not give me a timeline.

    Could you please suggest?

    Thank you
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: moving to better paying job

    Either upgrade your I-140 to premium processing, or sit back and wait until it is approved. Only after it is approved will you have a right to the priority date. Once the priority date vests (through I-140 approval), you then own that date for the rest of your life. You may leave and take a new job, but the new employer will have to file a new PERM and I-140 on your behalf. Still, you will be entitled to your old priority date.

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