Approved I-140,cant file 485 can i switch Jobs?

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status2005

Registered Users (C)
My 140 was recently approved ,I cant file for 485 due to retrogression issues(my labor is thru perm), i would be applying for a 3 yr extension on my h1

Can i switch my current job and apply for the GC process altogether again keeping the PD of labor intact?

can someone pls let me know of any other options

Thanks
 
status2005 said:
My 140 was recently approved ,I cant file for 485 due to retrogression issues(my labor is thru perm), i would be applying for a 3 yr extension on my h1

Can i switch my current job and apply for the GC process altogether again keeping the PD of labor intact?

Yes you would be able to port the priority date as long as the I-140 which has been approved has not been revoked.

can someone pls let me know of any other options

Thanks
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Not an expert - but here's what i know:

No, you can't change jobs if you want to use the same labor/I-140. You can certainly use H-1 to go to a new job - but then the labor has to be filed again. you are not eligible for AC-21 yet - as that requires 180 days since your I-485 has been filed.
 
thanks everyone,so i guess i can switch job and then apply fresh,it wont hurt too much since my labour was thru perm and PD was april2006,now it wud come to sept2006
 
Shaf said:
Not an expert - but here's what i know:

No, you can't change jobs if you want to use the same labor/I-140. You can certainly use H-1 to go to a new job - but then the labor has to be filed again. you are not eligible for AC-21 yet - as that requires 180 days since your I-485 has been filed.
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As far as I know, this is not true.

First things first. Your current employer is processing your GC so that they could employ you in the future. Your current employment has nothing to do with it. As long as your current employer has no problem in keeping the process alive (they finished all their parts anyway), you can work for a different employer now. Of course, if you go by the spirit of the GC, you need to come back to your current employer once you get your GC and if they have a job open for you. I personally have seen a couple of my friends leaving their employers while their GC was under processing.

Now... since your GC process is not at least one year old (Clue: April 2006 PD on labor), I assume you didn't use up all your regular 6 years on H1-B.

Talk to your current employer if they are willing to keep the GC process open. While filing for 485, most of the work is on your side. Your employer needs to do very minimal work, like providing a copy of I140 approval notice etc.

If they agree to it, I think you are in good shape. Just look for another job, apply for H1 transfer and start the new job.

Good Luck.
 
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status2005 said:
My 140 was recently approved ,I cant file for 485 due to retrogression issues(my labor is thru perm), i would be applying for a 3 yr extension on my h1

Can i switch my current job and apply for the GC process altogether again keeping the PD of labor intact?
-------------- You can keep the PD of early I-140 if I-140 is NOT revoked and you have the copy of I-140 approval notice or filing reciept. when the new employer file I-140 or I-485 is filed in future then lawyer can write on cover letter that you have early PD.

can someone pls let me know of any other options

Thanks
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Thanks all of you,appreciate your reply.
Chravi, in my case my 485 could be applied only when eb3 PD comes through which would take 4 yrs, now once i leave my current employer,could i apply 485 on my own assuming that 140 and labor isnt revoked
thanks

chravi said:
As far as I know, this is not true.

First things first. Your current employer is processing your GC so that they could employ you in the future. Your current employment has nothing to do with it. As long as your current employer has no problem in keeping the process alive (they finished all their parts anyway), you can work for a different employer now. Of course, if you go by the spirit of the GC, you need to come back to your current employer once you get your GC and if they have a job open for you. I personally have seen a couple of my friends leaving their employers while their GC was under processing.

Now... since your GC process is not at least one year old (Clue: April 2006 PD on labor), I assume you didn't use up all your regular 6 years on H1-B.

Talk to your current employer if they are willing to keep the GC process open. While filing for 485, most of the work is on your side. Your employer needs to do very minimal work, like providing a copy of I140 approval notice etc.

If they agree to it, I think you are in good shape. Just look for another job, apply for H1 transfer and start the new job.

Good Luck.

=========
Disclaimer: I am not an attorney. I don't know all the laws that exist. Whatever I said is only an opinion based on what I know.
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Technically, all the documents that need to be submitted for I-485 come from you only, except for a copy of I-140 approval notice. So the involvement from your employer would be very minimal. But I advise you to keep the blessings of your employer when you file your 485, in case there is any kind of REF that needs employer's involvement.

The whole GC process was started by your employer saying that they could not find anybody else to do the work and they need you on a long term basis. USCIS does give the option of abandoning the employer and going your own way using AC21 law. But that is applicable to people who have already applied for 485 and that too more than six months ago. I am not sure how the laws affect one if they haven't even filed for 485.
 
Help!!! - Relocation during I140

My LC approved recently and my attorney is working on filing the I140. Due to some changes in the company, I may need to relocate to a different state soon.

The office where I currently work will still remain in operation. The job nature in the new location will be the same. I also recently got my 7 th year H1B approved. I would like to know if this will affect the GC process in any way. Also would like to hear from some one who had been through this situation before.
 
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