Approved I 140

#1
My I-140 was approved more than a month ago for EB2 category. However, due to my priority date not being current (august 05!) I cannot file for I-1485! My H1B has run its 6 years and I am on extensions. Is there any way that I can leave my current employer and work for simlar job profile with another employer? My employer needs me but I want to disconnect from them ASAP
 

badla

Registered Users (C)
#2
CloseYetFar said:
My I-140 was approved more than a month ago for EB2 category. However, due to my priority date not being current (august 05!) I cannot file for I-1485! My H1B has run its 6 years and I am on extensions. Is there any way that I can leave my current employer and work for simlar job profile with another employer? My employer needs me but I want to disconnect from them ASAP
I dont think you can leave unless u file 485 and wait for atleast six months before you go for any other job. But must consult a good lawyer even if some one ask you to do so, however you may be able to go with h1b and work untill it become current.
 
#3
going by legal definition of I-140

The issue is, I-140 is the petition filed by the employer, which has been approved... The green card is s'posed to be for future employment not current. Therefore, now that the employer's petition has been approved, how does it matter who I am working for? as long as I am in status and file the I 485 petition once I am current?

I will have to of course assume that it will take more than 6 months once the 485 is filed for therefor euse the AC 21!

any thoughts on that please?...
 

kabir

Registered Users (C)
#4
CloseYetFar said:
The issue is, I-140 is the petition filed by the employer, which has been approved... The green card is s'posed to be for future employment not current. Therefore, now that the employer's petition has been approved, how does it matter who I am working for? as long as I am in status and file the I 485 petition once I am current?

I will have to of course assume that it will take more than 6 months once the 485 is filed for therefor euse the AC 21!

any thoughts on that please?...
What you do is your choice, but read the AC21 more closely! You can use the portability clause ONLY when you have a I-485 pending for more than 180 days.
 
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