change employer....help

[rock1]

hi all,

i need some advice...

i filed for I-140/485/EAD concurrently..EB3..notice date Oct1,2003......my EAD was approved on Nov 28, 2003. Now my client is asking me to join the company.. i know even though 180 days is not up and my I-140 is not approved, i am hearing that some people have done this successfully... has anybody done this..can you please share your expiernce??
Also if my previous employer does not revoke the 140 and there is rfe ..who has to reply...my new employer or the old one..


thanks

 

[PremChopra]

Boss,

Try to tell your client the whole thing calmly and tell them that you have a geniune problem.

Also stress on the point that if they want you so badly they really care about you and if they care about you they would wait a little bit, ask them to talk to an attorney if they don't believe you. It's better and safe to wait until you get your 140 approved.

 

[dynobuoy]

Originally posted by rock1
hi all,

i need some advice...

i filed for I-140/485/EAD concurrently..EB3..notice date Oct1,2003......my EAD was approved on Nov 28, 2003. Now my client is asking me to join the company.. i know even though 180 days is not up and my I-140 is not approved, i am hearing that some people have done this successfully... has anybody done this..can you please share your expiernce??
Also if my previous employer does not revoke the 140 and there is rfe ..who has to reply...my new employer or the old one..


The company which files for 140 owns it. 140 is not portable between companies. If an RFE is generatd the company that filed for it has to respond. All generated RFE for 140 will be sent directly to your employer / lawyer.

If you don't get a RFE, buy a lottery ticket. If you get a RFE beg your prev employer to respond within 45 days.

hth
dyno


thanks