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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109310
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a question regarding with changing job type after 140

Customer Question

Hi Pearl, This is Gloria. I am a question regarding with changing job type after 140 is approved. My PD date is Jan 2016 and my 140 is going to be approved in July. If I change my job from hardware engineer to software engineer at the end of this year with a new company, can I still keep my pd date? Thank you!
JA: Have you talked to a lawyer yet?
Customer: Just asked my lawyer working on my green card application. They said yes. But talked to another lawyer who says it is hard to say. That lawyer said that the new software engineer job need to have somehow similarity with the hardware engineer job to keep the pd date. And I need to submit a new perm for the software engineer job and it can't be guaranteed whether the previous pd date can be kept or not.
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: H1b, pending applications on 140 now
JA: Anything else you think the lawyer should know?
Customer: Can the previous employer revoke my green card application after I change the job? Will that affect my pd? Is there a time frame restriction for the revoke? Thank you!
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

I do have good news for you. While the new company for the new position will require a new PERM and new I-140, you can use the original I-140 PD as long as that previous PD is not revoked due to fraud. You may have read about a new case:

But if you read carefully, it is a non-precedential decision meaning that it is not binding on others. So for now, you should feel safe that you can use the previous PD.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!