changing job before I-140 (EB1-OR) approved

B

biology

New Member
Due to the possibility of being laid off very soon, I decide to take a similar job in a different company. However, I filed my I-140 (EB1-OR) in July and it is pending now.

Since most of supporting documents will be same even if I file a new EB1-OR petition, can I continue the original application with the same case number by sending a new filled I-140 form signed by my new employer and other relevent materials from my new employer?

Thanks and I appreciate any comments.
 
I dont think you can change employment before your I-140 is aproved and 180 days have elapsed afer filling your 1-485. But you can ask your lawyer because this is tricky
 
I have not filed I-485 yet and I am still on my H-1 with current employer. As far as employment is concerned, I thought I only need to file a H-1 transfer petition. Am I right?

For green card, do I have to file a new EB1-OR petition?

Any comments? Thanks!
 
Your I-140

You have no way to continue your old I-140 petition (Eb1-OR), it is employment-based; even you get approved for that petition, you have not way to file I-485. You need to file a new I-140 petition from your new emplyer as soon as possible.
 
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