change Jobs on I140

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sadhwani1

Registered Users (C)
How and when can you change your Job if your I140 has been approved and I485 is still pending
Also how long should you wait to change Jobs one I485 has been approved
 
Thanks.

My I 140 is under process in Nebraska. I am a canadian citizen who works in states on H1B.

If I want to switch my employer, apparently I need to do H1B transfer. What will happen to I 140 process? I know my present employer well and he will agree to continue the process even when I leave him. Is that possible to continue I 140 with one company and work for another employer?

Regards,

Affinity
 
Hi All,

I am on H1 for the past 3 years. I used substitute labor last year to jump into this GC process. My I 140 is still pendingwith TSC nearly for the pat 1 year. My 140 USCIS Receipt date and TSC Processing dates are same as of now that is 23, July, 2007. I got EADs and APs for my wife and me. My wife used EAD and got her own SSN and wroked a while. I did not use EAD and I am still on H1. Meanwhile I got offer from the company where I am working, which is good. They applied for H1 transfer and got receipt. I have not joined new employeryet saying that I wait till my 140 is cleared.
Now how is that new H1 reciept going to affect my 140 process?
In case my 140 if approved, do I have to wait for another 180 days to change the employment?
If I change employer will her EAD become ineligible because of the change?
What happens to my wife's EAD and SSN? Is she become now not eligible to go back on H4 with new employer documents?
Do I have to inform USCIS about the change of employment?
Now I am totally confused as to what I have to do.
Please answer these doubts.


Thank you in advance.

~ Dane
 
When did you applied for I-140? The cut off date for using substitute labor certification was sometime in mid July 2007.

Your H-1B application will not affect the I-140 processing, and it is not required for you to stick to your employer 6 months after I-140 approval. But yes, I would suggest you to wait for I-140 approval before changing jobs. As long as your I-485 is pending for more than 6 months (preferably with I-140 approved), you are covered by AC21 criteria.

Your wife may continue to work on EAD (as long as the GC process is on). This is not employer dependent. Also, you are not required to inform the USCIS about your job change, but must be prepared to answer any queries about the I-485 application.
 
manwithnoname said:
When did you applied for I-140? The cut off date for using substitute labor certification was sometime in mid July 2007.

Your H-1B application will not affect the I-140 processing, and it is not required for you to stick to your employer 6 months after I-140 approval. But yes, I would suggest you to wait for I-140 approval before changing jobs. As long as your I-485 is pending for more than 6 months (preferably with I-140 approved), you are covered by AC21 criteria.

Your wife may continue to work on EAD (as long as the GC process is on). This is not employer dependent. Also, you are not required to inform the USCIS about your job change, but must be prepared to answer any queries about the I-485 application.
Click to expand...

I applied before deadline I believe. Because, on my I 140 notice, Recieved Date is: July 13, 2007 and Notice Date is: July 24, 2007.When I search for the status of 140 online, it says they recieved date on July 23, 2007.

God knows better, this adds lot of confusion to already existing worry of the delay in approval. I checked with my employer yesterday. They say that they already put in SR and the reply is same.Case recieved and pending.
Can you suggest what is happening to this 140??
 
It is the receipt date that counts (and not the notice date). So your case was received on July 13, 2008 (before the deadline), at least on the receipt notice. I don't know why it is taking so long, but it seems that you will get a decision soon.
 
Hello,

My I140 denied and my company's attorney filled an Appeal/Motion I290B. I have got the status at the USCIS website that this case is transfered to AAO.
Now, Since my company going in severe financial crunch they start lay offs and they told me to look around for other jobs but I know them well and they can keep my appeal process going on. My question is if I transfered my H1 to another company will that effect on my Appeal/I140? Also can I start the GC process again with the new company after my H1 transfer while my Appeal is pending. Please, Please answer and help a worried brother. Thanks.
 
manwithnoname said:
It is the receipt date that counts (and not the notice date). So your case was received on July 13, 2008 (before the deadline), at least on the receipt notice. I don't know why it is taking so long, but it seems that you will get a decision soon.
Click to expand...

Is that because I used a pre- approved labor and substitution?
This is what I ama lawys wondering. Are there any more guys who are in similar situation? I will be really happy to know that this is not something that is wierd going on with my case and is common one.
I really appreciate your answers. They are really helpful andgiving hope.
 
For Madad_Aali

If you get laid off then the I-140 will be denied for sure. So please concentrate on transferring the H-1B to another employer and start the GC process afresh. The good part is you can use the experience gained from the current employer to change your EB category.
 
thanks manwithnoname, The problem is that I am in the beginning of a 6th year of my H1b, I know that my I140 is going to deny but on the basis of pending I140 at least I can get the 7th year extension to have at least 365 days to refile my new GC process. Please correct me if I am wrong. Can I use Act 21 on my pending I140 and get the 7th year extension. Please do let me know.
 
Yes you can get the H-1B extension as long as your I-140 is pending or even when it is under appeal.

FYI - AC21 becomes applicable as soon as your I-485 application become 180 day old. You can change job without impacting the GC process. However, it is advised to wait for the I-140 approval.
 
thanks again for your answer, My last question is that if I change my company and transfer my H1 to other company will my Appeal become invalid? or what will be the impact on my Appeal. Can i transfer my H1 and start the GC process with other companywhile my Appeal is pending. Please let me know.
 
No, the H-1 and I-140 applications are independent of each other. So, you can transfer H-1 to another employer (as long as I-140 is pending). Also you can start another GC trail without impacting the current one.
 
So you mean on pending I140/I290B from the current Company, I can get the 7th year extension of my H1B for the new company? please clarify.
 
I am little confuse here, How come on pending I140 from my current employer, I can get the 7th year extension on new company's H1?
 
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