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bluemoon

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Here is my situation and I know there are numerous people out there having the same situation. I filed my 140/485 2.5 yrs ago and nothing get approved because of name check issue. I hold on to the job for 4 yrs but now the time came when my client said either I should join them which is very big company or I should leave which I don't want to do because I know my parent company is not going to find another assignment for me. So I am planning to move to Client on EAD and my relations with my parent company is very good and they are not going to revoke my case.
Is it ok to do that? I know some of the risks associated with it but options are limited.
Any ideas?
 
Yes, you are free to change jobs after 180 days of AOS app and I-140 approved.

Can you tell us the ND of your AOS application?
 
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Thanks

Thanks for your quick reply. But that is the issue, 140 is not approved yet.
140 Filed on Nov. 19 2002.
 
bluemoon said:
Thanks for your quick reply. But that is the issue, 140 is not approved yet.
140 Filed on Nov. 19 2002.
Click to expand...
This is a tough one. Did you enquire with USCIS because your ND is way past the current processing dates for I140? Also you should go to your Senators office personally and talk to a rep there explaining this situation and how you may lose this great opportunity to work for a good company, etc... (Take appt prior)

I read in murthy's website that one shouldn't change jobs without I140 approval. Please consult your attorney and exercise caution before you make this important decision. I was under the impression that AOS only needs namecheck and not I140 approval, I could be wrong though. Maybe you can join on H1B along with AC21 option. Good luck.
 
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Thanks again

I contacted all senators and congrssman from my area.Not personally though. Everytime i got the same response that it went for some additional security checks. When I enquired FBI, the response I got that my name check was completed in 2003. And I know that it is not advisable to move without 140 approved but left with few options.
 
May be it is OK, but you never know.

I was also in a situation when I had to take bold step. My I-140/I-485 were pending since Oct 2003. But I got laid off from my sponsoring company in May 2004(9 months after RD). I joined another company which told they will support any future greencard problems. My attorney told since both cases of mine are pending for more than 180 days I should be fine. Luckily my I-140 got cleared March 15th 2005. I had to take that risk since I had no choice.(Even my H1-B also was about to expire 6yrs+). As other guy suggested, if you have H1 time it would be better to transfer H1. Otherwise take risk. After 180 days your sponsoring employer cannot withdraw I-140. Biggest risk involved here is if they issue RFE on your I-140. If they do then your sponsoring company has to take care of it. Since the green card is for the future employment they can still support the application. So if your sponsoring company(original) is ready to do that you can still change the job.

I am not an attorney!
 
conflict between H1 transfer and green card application

I am planning to file green card petition under NIW and EA in Vermont center when I am working in Maryland. However, I will move to Michigan which is under Nebraska center. My application of H1 transfer will be filed next week. I will move to Michigan in the middle of June once I have received the receipt. This should be ok for H1 transfer. However, I am working on the green card petition and plan to file to Vermont center just before my moving (6/15). My question is whether the green card petition will negatively affect my H1 transfer application because I could not get the H1 transfer approval by 6/15 when I move to Michigan. Or can I file the green card petition to Vermont after my H1 transfer has been approved even if my address will be in Michigan at that time? Thank you very much!

WAY
 
Hi Bluemoon,

I think there is a latest update in AC21 rules. I just read it on the homepage of www.immigration.com. Per new rules, one can switch jobs before I-140 approval but after 180 days of I-485 application. So you are eligible. Take a look at it and talk to your attorney. Good luck.
 
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