Called USCIS 1800 number about changing employers

A

AbGCDeDo

Registered Users (C)
Following is my conversation with USCIS: -

Me: When will my I140 be aooroved ?
USCIS: In a little while.

Me:Can I change my employer ?
USCIS:What is your current status ?
Me: H1B
USCIS: Your new employer can file for H1B
Me: My H1B 6 year limit is going to be over in Feb 2005 so what good it is filing for this new H1
USCIS: In your cirsumstance you the employer can file an extension.
Me: What happens to my 485 and 140 ? Will it continue to process ?
USCIS: Yes they will continue to process. Send letter to USCIS about changing employer.

People what do you make of this ?
 
Did USCIS representative say "In a little while" based on your i140 RD (it is december 03 isn't it???)???
 
stonewall said:
Did USCIS representative say "In a little while" based on your i140 RD (it is december 03 isn't it???)???
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Did you ask whether your employer can revoke I-140 petition if you change job? And if so whats the option in such case.

I think most of customer service representatives do not have a clue about whats going on. Our lawyers are more knowladgeble than those representatives.
 
Agree with Sadashivepetti. I think the customer service is only thinking about your legal staying status after you change employer - cause you can get your h-1b extended. it doesn't mean your formal employer can't revoke your 140 before it's approved.
 
Yes she did say "in a little while". However their little is our "horribly long"

stonewall said:
Did USCIS representative say "In a little while" based on your i140 RD (it is december 03 isn't it???)???
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Did not ask this question

SadashivePethi said:
Did you ask whether your employer can revoke I-140 petition if you change job? And if so whats the option in such case.

I think most of customer service representatives do not have a clue about whats going on. Our lawyers are more knowladgeble than those representatives.
Click to expand...

I had asked the same questions 2-3 months before and spoke with Immigration Officer. He told me that I can change employer but did not mention anything about AC21. I had asked him if the previous employer revokes I140. He said "that is the risk I have to take". But that was then. The new USCIS legal counsel ( I read somewhere on murthy.com ) is allegedly taking position that applicants can change jobs before I140 approved in the light of AC21 but they did not made this item public.

I should have asked this question again!

But the strange thing I see is this lady is telling me that the new employer should file for H1 extension (7th year) and that the 485/140 application processing will not be affected by that!

Once while browsing the forums (i think it was California forum) I have seen someones 485/140 case being approved inspite switching employers on H1.
 
Can you risk your life N career based on some ja....s advise?

AbGCDeDo said:
I had asked the same questions 2-3 months before and spoke with Immigration Officer. He told me that I can change employer but did not mention anything about AC21. I had asked him if the previous employer revokes I140. He said "that is the risk I have to take". But that was then. The new USCIS legal counsel ( I read somewhere on murthy.com ) is allegedly taking position that applicants can change jobs before I140 approved in the light of AC21 but they did not made this item public.

I should have asked this question again!

But the strange thing I see is this lady is telling me that the new employer should file for H1 extension (7th year) and that the 485/140 application processing will not be affected by that!

Once while browsing the forums (i think it was California forum) I have seen someones 485/140 case being approved inspite switching employers on H1.
Click to expand...

AbGCDeDo,
I think most of the customer representatives are not expert on immigration matters they are there to answer your queries regarding status, forms etc by looking into the databases.
Once one has EAD and his I-140 is pending, why one should file H1B? Only inexperienced people will answer this way. My H1B is due for renewal April 2005 and my employer denied to renew H1B as I have EAD. So it means with valid EAD and applicant of AOS, I can stay legally in US, then why again H1B is required?

My take on this matter is wait till I 140 is approved, once its approved NOBODY can harm your GC process.

That lady is just BS.
 
SadashivePethi said:
AbGCDeDo,
I think most of the customer representatives are not expert on immigration matters they are there to answer your queries regarding status, forms etc by looking into the databases.
Once one has EAD and his I-140 is pending, why one should file H1B? Only inexperienced people will answer this way. My H1B is due for renewal April 2005 and my employer denied to renew H1B as I have EAD. So it means with valid EAD and applicant of AOS, I can stay legally in US, then why again H1B is required?

My take on this matter is wait till I 140 is approved, once its approved NOBODY can harm your GC process.

That lady is just BS.
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Sadashivepethi,

if you can work for current I-140 employer until I-140 approved, it is seems ok with EAD. But in case you need to change employer before I-140 approval, you will take the risk if you are using EAD. Just because if I-140 is denied or I-140 employer revoked it, you lost your pending status and become illegal. Am I right?

Thanks,
 
twoj said:
Sadashivepethi,

if you can work for current I-140 employer until I-140 approved, it is seems ok with EAD. But in case you need to change employer before I-140 approval, you will take the risk if you are using EAD. Just because if I-140 is denied or I-140 employer revoked it, you lost your pending status and become illegal. Am I right?

Thanks,
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Yes you are technically correct.

But here we are to get our GC and at the same time change employer before I-140 approval, If we take the risk of changing employer and unfortunatley I-140 is revoked by previous employer then there is no alternative. Otherwise as you said have H1-B as a backup plan. But then you need to restart your GC process from scratch and it doesn't make sense to restart it from scrtach considering very long preocessing time at each milestone of GC process. So my take is if you do not want to jeopardize your GC process, do not change employer before I-140 approval.

In this thread, we had discussion whether one can can change employer by before I-140 approval and wihtout endangering GC process, to that answer is NO. Its not advisable to change employer before I-140 approval.

What you said is true but not feasible, I doubt anybody would risk their GC process by changing employer before I-140 approval.
 
I got RFE on my EAD2

RFE says I need to schedule an appointment at the local office do biometrics and fingerprinting ! Never heard this before. My first EAD did not need this.
What is this ?
 
SadashivePethi said:
Yes you are technically correct.

But here we are to get our GC and at the same time change employer before I-140 approval, If we take the risk of changing employer and unfortunatley I-140 is revoked by previous employer then there is no alternative. Otherwise as you said have H1-B as a backup plan. But then you need to restart your GC process from scratch and it doesn't make sense to restart it from scrtach considering very long preocessing time at each milestone of GC process. So my take is if you do not want to jeopardize your GC process, do not change employer before I-140 approval.

In this thread, we had discussion whether one can can change employer by before I-140 approval and wihtout endangering GC process, to that answer is NO. Its not advisable to change employer before I-140 approval.

What you said is true but not feasible, I doubt anybody would risk their GC process by changing employer before I-140 approval.
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Thanks, Sadashivepethi. I agree with your advice that NO changing of employer before I-140 approval.

However, there are some cases that you have to change employer because of the layoff or termination of the employment before I-140 approval. At these situations, you should make sure that the I-140 employer won't revoke your I-140 petition and would like to answer REF if necessary. At the same time, use H1B instead of EAD to reduce the risk. There are posts showing that this is a valid way and many get I-140 approved after changing employer.

Therefore, if have to change employer before I-140 approval, it should not have an impact on pending I-140 if the petition is not revoked and REF is answered corrctly. Do not be too disappointed. Of course, hope the best, prepare the worst: use H1B, NOT EAD.

Thanks
 
twoj said:
Thanks, Sadashivepethi. I agree with your advice that NO changing of employer before I-140 approval.

I think this is what you should based on.

However, there are some cases that you have to change employer because of the layoff or termination of the employment before I-140 approval. At these situations, you should make sure that the I-140 employer won't revoke your I-140 petition and would like to answer REF if necessary. At the same time, use H1B instead of EAD to reduce the risk. There are posts showing that this is a valid way and many get I-140 approved after changing employer.

Sometimes if they ask for the pay-stub, then the person will be out of luck, as he/she has already left the company even the company is willing to not revoking the application.

Therefore, if have to change employer before I-140 approval, it should not have an impact on pending I-140 if the petition is not revoked and REF is answered corrctly. Do not be too disappointed. Of course, hope the best, prepare the worst: use H1B, NOT EAD.

Not using EAD is a good thing, just make sure the new employer is willing to extend your H1B for x amount of time.

Thanks
Click to expand...

Thanks
 
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