Changing job just before filing I485

C

csuskings

Registered Users (C)
Hi,
I am presently working on H1b visa. My employer filed for my I-140 and it got approved few months back in May of 07. I am planning to change my and actually got one better offer. Now that date for filing I485 became current I am eligible for it. Question I have are
(1) Can I carry my I-140 and labor certification approval, since job position is the same only employer is different.
(2) If I cannot do above then and if my new employer is ready for starting my green card process immidiately, I join it. The question I have are, Is it possible or they have to wait for certain period befor restarting my green card process from begining? What will happne to I-I40 approved from previous employer, will it impact on my case.
(3) What will be better, to stay with my present employer until I get green card or switch the job and start working for new employer since it is ready to file for my green card process immidiately.

Your answers are appricaited and it will really help me making correct decision.

Thanks,
Baku
 
Stick to your current employer for another six months

You can stay with the current employer for another six months and join the new employer after six months using AC21. Getting a job may not be a big deal, however getting green card is not so easy.
 
Stick to current employer and file I-485.

Stick to current employer and file I-485.

csuskings said:
Hi,
I am presently working on H1b visa. My employer filed for my I-140 and it got approved few months back in May of 07. I am planning to change my and actually got one better offer. Now that date for filing I485 became current I am eligible for it. Question I have are
(1) Can I carry my I-140 and labor certification approval, since job position is the same only employer is different.

You have to file a new Labor and I-140. You may be able use this Priority Date, but when dates are current, better file I-485 with the current employer and move to new employer after six months.
(2) If I cannot do above then and if my new employer is ready for starting my green card process immidiately, I join it. The question I have are, Is it possible or they have to wait for certain period befor restarting my green card process from begining? What will happne to I-I40 approved from previous employer, will it impact on my case.

You don't have to wait for filing another Labor. But,
(3) What will be better, to stay with my present employer until I get green card or switch the job and start working for new employer since it is ready to file for my green card process immidiately.

As the dates are current, it is better to file the I-485 with the current employer. Infact it is the Best option. You don't have to work for current employer until you receive the Green card, work for six months after filing I-485 and then use AC21 and join another emplpyer.

Your answers are appricaited and it will really help me making correct decision.

Thanks,
Baku
Click to expand...
 
similar situation

almost same situation except that I took up the next offer and my H1B extension for 3 years was approved with new employer. I am still in my notice period with current employer and they have not cancelled my H1B. This I94 is valid till July-end. Based on the June VB I have decided to stay with my current company and they are ok with it.


1. I am going to inform new company that I wont be joining, and ask them to cancel my H1B. Is that ok?

2. do I need to file an H1 transfer back from new company? I have not even joined them. My I-94 from old company is still valid for a month and we are going to file for 7th year extension soon.

3. do I need to include that new I-797 copy (which I dont intend to use) with copies of my old I797s when I file my I-485?
 
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