Change of Job while I-485 Pending

P

paru01

Registered Users (C)
Hi All,

I have completed 6 years on H1B. I got 3 years extension as I have an approved I-140 and I485 is pending since July 2005. My client is offering me a Permanent position.
My concern is I can not join the company with EAD as my wife still in H4. Is it possible to join the client if they process H1B? Do I get 3 years extension? Do they need to file I-140 and I-485 again? My PD is Aug-2001.

Thanks,
Param
 
paru01 said:
Hi All,

I have completed 6 years on H1B. I got 3 years extension as I have an approved I-140 and I485 is pending since July 2005. My client is offering me a Permanent position.
My concern is I can not join the company with EAD as my wife still in H4. Is it possible to join the client if they process H1B? Do I get 3 years extension? Do they need to file I-140 and I-485 again? My PD is Aug-2001.

Thanks,
Param
Click to expand...
Ideally you should but Gurus can tell better.
Gurus?
 
paru01 said:
Hi All,

I have completed 6 years on H1B. I got 3 years extension as I have an approved I-140 and I485 is pending since July 2005. My client is offering me a Permanent position.
My concern is I can not join the company with EAD as my wife still in H4.

Is it possible to join the client if they process H1B? Do I get 3 years extension?
Yes for both

Do they need to file I-140 and I-485 again? My PD is Aug-2001.
New employer needs to file LC and then I-140. After I-140 is approved you can request for PD transfer and request USCIS that the I-485 application refers to this new I-140

Thanks,
Param
Click to expand...
 
Thanks for your Suggestion

Thanks for your suggestion,
I have one more question, Is it possible for my current employer can Revoke I-140 and I-485? If so what are the precautions do i need to take?
 
I have one more question, Is it possible for my current employer can Revoke I-140 and I-485? If so what are the precautions do i need to take?

-- Correction to the previous answer given to you by someone:

PD cannot be recaptured after your I-140, but you have to request the old priority date BEFORE the I-140 approval - i.e. at the time when your new employer is ready to file your I-140.

If your old employer revokes the I-140 that they filed for you, you cannot recapture the old priority date. There is nothing you can do about it (no precautions) since the I-140 petition belongs to your employer who filed it.
 
bigboy00 said:
I have one more question, Is it possible for my current employer can Revoke I-140 and I-485? If so what are the precautions do i need to take?

-- Correction to the previous answer given to you by someone:

PD cannot be recaptured after your I-140
Incorrect

but you have to request the old priority date BEFORE the I-140 approval - i.e. at the time when your new employer is ready to file your I-140.

If your old employer revokes the I-140 that they filed for you, you cannot recapture the old priority date.
Correct

There is nothing you can do about it (no precautions) since the I-140 petition belongs to your employer who filed it.
However there is one option. Join new employer after new I-140 approved and PD has been transferre.
Click to expand...
 
Why do u want to file another Labor and another 140? :eek: You can use AC-21....don't have to do anything...new employer just needs to provide a letter saying they support u r GC application, that too if asked.
 
Thanks for your suggestions

As per your suggestions,
Is it better to file for H1B and I-140 before I join the new company, So that i can retain the old PD?

As per desi3933(I am sorry I don't know your name), New employer needs to file LC and then I-140. Do i need to file LC also? I think it takes long time to get approved, If I am not wrong?

Thanks,
Param
 
Last edited by a moderator:
Why r u thinking about new LC/140? Ur I-485 is pending for more than 1 year. So if the new company gives u H1B, u should be fine with pending I-485. Submit a letter to USCIS and invoke Ac-21.
 
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