papajohn said:
There are many issues that need to be considered at the I-140 stage, ability to pay, qualification of the alien for the preference category (i.e. does the alien really qualify for an EB-2(or whatever)), the availability of a job, and the alien's intent to join are just some.
Here is what people must understand and what I don't think attorneys are making clear in some cases:
There is a difference between what I will advise a client to do if he has a choice and the arguments that I will make in court. There is what I consider "safe" and what I will argue if a case is denied. The further you get from what is clearly "safe" the more likely that an attorney will need to make an argument about this on appeal.
If you have a choice, do not leave an employer or notify USCIS of your changed intent before an I-140 is approved. Taking another course of action may lead to the denial of the I-485. Advice of an IIO would not be seen as binding to an adjudications officer, the Administrative Appeals Office, an Immigration Judge or the Board of Immigration Appeals. Even formal written memos from William Yates are not seen as binding so where does that leave the advice over the phone of a low ranked immigration information officer?