Change job and I140

K

kulkarni_ash

Registered Users (C)
If i change job after 180 days of applying for 485 and my i 140 is approved,
does the new company have to apply for I140 after changing job, or i can just file AC21 and not worry for I 140
 
You are not required to file and report change of employer after 180 days of filing of I-485, USCIS might send an rfe before adjudicating I-485, at that moment you can provide employment verification letter (change of employer) utilizing AC21
 
No new I-140 is required. The point of the AC21 portability is that you can still use the original I-140 when you change employers.
 
Hi
Thanks for the information, is it possible that my current employer can revoke I- 140, can my current employer do any damage to my GC process after I140 is approved and i have passed 180 days.
if they can do so, is there a way to safe guard my interest
 
kulkarni_ash said:
Hi
Thanks for the information, is it possible that my current employer can revoke I- 140, can my current employer do any damage to my GC process after I140 is approved and i have passed 180 days.
------------------Employer CAN revoke I-140 any time. if your I-140 is approved AND your I-485 is pending more then 180 days then you are safe if employer revoke the I-140. you can join new employer and can invoke AC21 by sending new employer same/similar job offer letter.
if they can do so, is there a way to safe guard my interest
--------------------You can find new employer and can invoke AC21.
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Keep valid EAD with you or new employer should be ready to file H1 transfer if you are on H1 status.
 
Hi
I have a valid EAD with my previous employer, till July 2010 and cannot file for H1 as i been working on EAD for last 4 years..never filed for H1 extension after 6 years on H1.
can my company cancel I -140? do i need to file it again from new company to be on safe side, is there any web link explaining how all this I 140 or AC21 work
 
kulkarni_ash said:
Hi
I have a valid EAD with my previous employer, till July 2010 and cannot file for H1 as i been working on EAD for last 4 years..never filed for H1 extension after 6 years on H1.
-------------------If you have valid EAD that is good. FYI the EAD is not based on employer A or B. EAD ,AP are based on your pending I-485 and I-485 belongs to you not to employer A or B.
can my company cancel I -140?
----------------- How do I know if your employer want to revoke your I-140? by law employer can any time revoke the I-140.
do i need to file it again from new company to be on safe side, is there any web link explaining how all this I 140 or AC21 work
-------------if I-140 approved and I-485 pending more than 180 days then you are eligible for AC21. you can search for AC21 MEMO or read the thread related to AC21.
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kulkarni_ash said:
Thanks for the info,
so does that mean if i file AC 21, i dont have to worry about company revoking I 140?

-------------Correct.
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Your new employer should give you permanent job offer letter with same/similar job duties and you can invoke AC21. Read the threads. You can also request your new company lawyer to invoke AC21 or can file AC21 directly or can hire your lawyer.
 
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