Changing Job before I140 Approval

[madurai]

Hi All,

I was laid-off from company x. My I140 and I485 applications are filed 180 days ago. I got my EAD but I140 is not approved.

Is it possible that I can join another company and continue with my gc application of I140 and I485 and what is process to do that?

Thanks

 

[lcauser]

Originally posted by an_anonymous
You can do that provided your previous company supports your GC process (mainly I-140). You mentioned that they will not revoke the I-140, which is good.

If you get laid off and company still supports your I-140 petition, I think you are still okay as GC is for a future job. They might still have to address any RFEs in your GC process.

But if the company closes down its operations and you still have not got your I-140 approved, then it might be aproblem. If a RFE is generated on your I-140 regarding your employer (since I-140 is the Company's petition), then you will not have their support to reply for that RFE.

Its always safe to switch companies after getting an I-140 approval (I am sure by this time, many of the concurrent filers will certainly would have crossed 180 days on their 485) and then can take shelter under AC21.

This is just my thoughts....any comments??

Good Luck.

Cheers,
anonymous

 

[chantivasu]

Hi madurai
I am working on H1 with a company in USA. My current employer has LC for my GC and my I140 and I485 are about to be submitted sometime this month end. I am in between projects and will be out of payroll if I don't get a project by February 2004 mid. But the employer is willing to continue with my GC process.
Please advice.
Thanking you

 

[vdp]

Has EAD,AP,FP, but company shutting down before I-140 approval

Hi,

I need immediate advice. There are chances that my company may shut down next week.

Texas Service center.
EB2 I-140/I-485 - concurrent filling - Not yet Approved

RD - 10/28/2003,
EAD - Approved in December
AP - Approved in December
FP - done on Jan 6/2004
I- 140 - Pending
I - 485 - Pending

My question is, its been only 90 days since the I-140 and I-485 has been filed. So, in case my company shuts down in a week, what will be my status and what are my options? I have EAD and my H1 has been extended till the end of 2004. So, can I use the EAD to switch jobs even though 180 days period is not over? Or can I wait for the 180 days to get completed(not work until 180 days gets over) and then take up a new job.

Or is it that I don't have any options? Just want to know what are my options here.

Thanks,
vdp