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Very Urgent - Changing job after I-140 approved and before I-485 filing

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csuskings

Junior Member
Hi,
I am presently working on H1b visa. My employer filed for my I-140 and it got approved few months back in May of 2007. I am planning to change my and actually got one better offer. Now that date for filing I485 became current I am eligible for it. Question I have are
(1) Can I carry my I-140 and labor certification approval, since job position is the same only employer is different.
(2) If I cannot do above then and if my new employer is ready for starting my green card process immidiately, I join it. The question I have are, Is it possible or they have to wait for certain period befor restarting my green card process from begining? What will happne to I-I40 approved from previous employer, will it impact on my case.
(3) What will be better, to stay with my present employer until I get green card or switch the job and start working for new employer since it is ready to file for my green card process immidiately.

Your answers are appricaited and it will really help me making correct decision.

Thanks,
Baku
 


ImmigAttyLana

Senior Member
NO, the I-140 is employer specific. YOu cannot change employers on the basis of the I-140 approval. If you change employers, the new employer will have to start the entire process from the beginning on your behalf.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

csuskings

Junior Member
Hi Lana,

Thanks for your reply. I am planning to join my new employer next week. If it is ready, can it start my new green card process from my first day of joining.

Regards,
Shreyas
 

gkvishwanath

Junior Member
Changing employer after i-140 is approved and i-1485 is not filed

Hi ,

My PD is dec-2007 and my i-140 got approved recently in Aug-2008. My employer is going to stop his consulting business and asking us to move to a new company within in 3 months. The company is going to exist just for name sake not doing any business i.e. no payroll etc.He is saying that he will not revoke our I-140.

1) At this point if we join the new company is there a possibility to carry forward the Labor-PD from the current company to new one.

2)Also my H1-B is going to expire in 2 months, is it fine to transfer only my H1-B to a new company and when the dates become current file my i-1485 from the old company. This will give me a option to file AC-21 after 6 monts of i-485 filing.Is it a problem if I don't have the paychecks from my old company after the I-140 is approved till the dates are available.

Please let me know....

Thanks,
Vishawanath
 

chvramana

Junior Member
Changing employer after i-140 is approved and i-1485 is not filed

Hi Vishawanath,
I have same position like you.
What did you do. What is your suggession.
 

ramrayaprolu

Junior Member
AC21 portability

NO, the I-140 is employer specific. YOu cannot change employers on the basis of the I-140 approval. If you change employers, the new employer will have to start the entire process from the beginning on your behalf.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
This isnt the complete information. There is a new provision now to use AC21 portability in such cases. Read more in the below article.

MurthyDotCom : Detailed Analysis of PRemimum Processing for I-140 (Part 2)
 

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