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Change employer after six months even if I-140 is not approved.
- Thread starter Damnit
- Start date
dasarihp_newid
Registered Users (C)
Damnit, you can change the employer, but the risk on you if you get RFE, I mean, the employer has to agree to answer the RFE's even if you leave the company.. If he doesn't answer the RFE, then your I-140 is at risk..
If no RFE's then you are fine..
Also, your employer should agree not to withdraw your application in between the day you leave the company and I-140 approval..
So, in the end, your employer is your saviour !!
If no RFE's then you are fine..
Also, your employer should agree not to withdraw your application in between the day you leave the company and I-140 approval..
So, in the end, your employer is your saviour !!
Originally posted by Damnit
I heard that one can change the employer even if I-140 is not approved after six month of I-485 reciept. Is that true. You guys wanna throw some comments in here.
You can change employer but with Risk.
1. If I140 get approved later - No problem
2. If employer withdraws I140- U lose everything
3. If BCIS raises RFE, employer may not respond and withdraw I140 - u lose whole Greencard process
4. U need to remember as long as I140 is not Approved, employer can withdraw it anytime and use approved labor as a carrot for future employee (Approved labor has lifelong validity and can be used for anyone who fits that profile)
quote:
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Originally posted by Damnit
I heard that one can change the employer even if I-140 is not approved after six month of I-485 reciept. Is that true. You guys wanna throw some comments in here.
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1. If I140 get approved later - No problem
2. If employer withdraws I140- U lose everything
3. If BCIS raises RFE, employer may not respond and withdraw I140 - u lose whole Greencard process
4. U need to remember as long as I140 is not Approved, employer can withdraw it anytime and use approved labor as a carrot for future employee (Approved labor has lifelong validity and can be used for anyone who fits that profile)
quote:
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Originally posted by Damnit
I heard that one can change the employer even if I-140 is not approved after six month of I-485 reciept. Is that true. You guys wanna throw some comments in here.
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Last edited by a moderator:
I heard that one can change the employer even if I-140 is not approved after six month of I-485 receipt. Is that true.
---- It is NOT true if you want to use AC21 and don’t want to take risk. If you want to take risk then it true .To use AC21 you need I-140 APPROVED AND I-485 pending more than 180 days AND new employer should be ready to give you future permanent job offer letter in same/similar skills as on approved LC of past employer to use AC21
---- It is NOT true if you want to use AC21 and don’t want to take risk. If you want to take risk then it true .To use AC21 you need I-140 APPROVED AND I-485 pending more than 180 days AND new employer should be ready to give you future permanent job offer letter in same/similar skills as on approved LC of past employer to use AC21
There is a USCIS memo which states that at the time of approval of I-140 the petitioner (employer) should have intention
-- How do the USCIS check the INTENTION of employer? Do they administer some psychological test at the time when employer files I-140 or they give psychosocial test to check the employer intent to hire when I-140 is pending? How do they check the intent of employer? Please guide. It seems that when the employer files I-140 for an employee he has the Intent to hire if he does not have intent or changes intent then he revokes the I-140 (the law/regulations/Memo does not say that he MUST revoke the I-140 if intent is changed)
to hire you for a permanent position
-- How do the USCIS check the INTENTION of employer? Do they administer some psychological test at the time when employer files I-140 or they give psychosocial test to check the employer intent to hire when I-140 is pending? How do they check the intent of employer? Please guide. It seems that when the employer files I-140 for an employee he has the Intent to hire if he does not have intent or changes intent then he revokes the I-140 (the law/regulations/Memo does not say that he MUST revoke the I-140 if intent is changed)
to hire you for a permanent position