Changing Jobs before I-140 Approval

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dgarstang

Registered Users (C)
Would appreciate if someone could tell me if this scenario is possible. Ocassionally I have these crazy ideas....

I-140 and I-485 filed concurrently. Receipted July 21, 2003. Neither I-140 or I-485 approved yet.

I leave my current company, company A, and get a new similar job, using AC21 portability with company B. If an RFE is received, asking for any info, say pay stubs, could we submit this info from the new company, company B?

AC21 portability allows you to start a new similar job 180 days after I-485 is filed. Why then can't you start a new similar job using AC21 job before the I-140 is approved? Does the regulation say anything about that?

Thanks,
Doug.
 
Murthy.com says you cannot

hi, murthy.com says that the regulation specifically says that 140 has to be approved. There might be cases where it might have worked without 140 approval too though.
 
I am sure, nobody is going to agree with me on this. :D

Yes, you are absolutely correct. You can change your Employer after 180 days, before I-140 approval. AC21 law clearly says that I-485 Pending for 180 days and Same or Similar Job. Nowhere it has written that you cannot change till you get your I-140 approval. USCIS will take years and years to process I-140 cases and "like our employers, they also cannot stop us working for another employer, after 180 days". Then what is the use of this AC21 law???????


If AC21 came before Concurrent filing then they have to modify the Law to include "till I-140 approved you may not change Employers".

I consulted with some attorneys and this is what I got. I am posting just for information and do not follow it, without consulting your attorney. It may be completely wrong.

1. You CAN change your employer, after 180 days.
2. Job must be same or similar.
3. You MUST Inform USCIS about this, by sending AC 21 letter and New Employment Letter
4. You have to do this while your I-140/I-485 is pending.(Not after I-140 denial)
5. If you changed your job after 180 days, informed USCIS, then approval or denial of I-140 does not matter anymore. Your I-485 will be processed regulary.


Again, it is a grey area and till somebody tries, we cannot say it for sure.

nanshi.
 
Last edited by a moderator:
Originally posted by naanshi
I am sure, nobody is going to agree with me on this. :D

Yes, you are absolutely correct. You can change your Employer after 180 days, before I-140 approval. AC21 law clearly says that I-485 Pending for 180 days and Same or Similar Job. Nowhere it has written that you cannot change till you get your I-140 approval. USCIS will take years and years to process I-140 cases and "like our employers, they also cannot stop us working for another employer, after 180 days". Then what is the use of this AC21 law???????


If AC21 came before Concurrent filing then they have to modify the Law to include "till I-140 approved you may not change Employers".

I consulted with some attorneys and this is what I got. I am posting just for information and do not follow it, without consulting your attorney. It may be completely wrong.

1. You CAN change your employer, after 180 days.
2. Job must be same or similar.
3. You MUST Inform USCIS about this, by sending AC 21 letter and New Employment Letter
4. You have to do this while your I-140/I-485 is pending.(Not after I-140 denial)
5. If you changed your job after 180 days, informed USCIS, then approval or denial of I-140 does not matter anymore. Your I-485 will be processed regulary.


Again, it is a grey area and till somebody tries, we cannot say it for sure.

nanshi.
Click to expand...

Agree nanshi - partly. Point 5 is not valid. Your old employer has to respond any RFE which comes due to 140.

dgarstang - it is suggested that you stay with old employer and not a requirement as per AC-21.
 
Jharkhandi,

What will happen in the following case?

1. USCIS issued RFE for Company Financial Ability.
2. Mean time applicant, informed USCIS, changed to a Company which is financially very very sound. Sent the Employment Letter also.
3. Sponsor Company responds to the RFE and USCIS finds the company's financial is not good.

What will happen to I-140 case? Applicant is no longer working with the sponsor then why should USCIS care whether that sponsor company has the ability to pay or not??

nanshi.
 
PhillyDec01
That memo says about the Validity of the approved I-140 form.
Can you please tell me where it says that People with pending I-140, cannot use AC21?

nanshi.
 
Originally posted by naanshi
Jharkhandi,

What will happen in the following case?

1. USCIS issued RFE for Company Financial Ability.
2. Mean time applicant, informed USCIS, changed to a Company which is financially very very sound. Sent the Employment Letter also.
3. Sponsor Company responds to the RFE and USCIS finds the company's financial is not good.

What will happen to I-140 case? Applicant is no longer working with the sponsor then why should USCIS care whether that sponsor company has the ability to pay or not??

nanshi.
Click to expand...

You are missing the point - 140 is sponsored by original company. They have to respond on RFE. If anything happens to 140 - 485 will be gone too.

Look at it from this angle: 140 is not carried to new employer, so new employer cannot respond it. But someone has to respond on RFE on 140. Think who can do it?

Old employer has to continue petition anyhow for getting GC.
 
Originally posted by naanshi

5. If you changed your job after 180 days, informed USCIS, then approval or denial of I-140 does not matter anymore. Your I-485 will be processed regulary.


Again, it is a grey area and till somebody tries, we cannot say it for sure.

nanshi.
Click to expand...

Where did find this?
For any kind of GC you will some underlying immigrant petition. For family based it is I-130. For employment based it is I-140. If it is not approved then there is question of going further.
Please let us know if you have any documentation. This will change my whole understanding of GC process.

Changing job before the I-140 approval is not a problem. Since GC is for future employment there should not any problem.

All those people who are saying do not change the job before I-140 are making common assumption that the relation with employer may be spoiled. So he may revoke your I-140. If pending he may withdraw the I-140.
 
Pending I140

Changing jobs while I140 is pending ,is a risky issue as any rfe's ,or withdrawal might cause denial of 485 also. Also such a state is open to interpretation by the officer since there are no clear cut guidelines. Its better to wait for approval and change than take that risk ,as you might endup spending time in appeal or starting all over again.
 
My safe take on this issue is "One can change jobs before I-140 is approved" by applying for H1-B transfer to the new company and retaining the H1 status at least until I-140 is approved.

As mentioned in this thread by several people, if you receive an RFE on I-140, only the company which applied it should answer.

If you go to good attorney's like Sheela Murthy/Rajeev, they will ask you to wait until I-140.

Having said that if you are in trouble and have to switch jobs, try to work out something with the employer and keep them happy until you get your I-140 approved.

No where in the document(I atatched before), it says that one cannot change jobs before I-140 approval. It only talks about I-140 validity in case the sponsoring employer revokes the application.

Many interpretation!!! But one will always see the favorable side of AC21 rules. Better to get a good attorney and discuss.
 
If you change employer after concurrently filing I-140/485, what's your visa status? You are unable to work for original or new employer with EAD if GC application failed. Because if I-140 denied, I-485 is gone, you have to take risk of leaving USA.
 
its totaly risky factor !!!




Originally posted by jam007
If you change employer after concurrently filing I-140/485, what's your visa status? You are unable to work for original or new employer with EAD if GC application failed. Because if I-140 denied, I-485 is gone, you have to take risk of leaving USA.
Click to expand...
 
I agree it is risk however if you do not have other choice you have to do it. Only thing you need work out with sponsor company is that they will answer the RFEs. I know many people have been doing this. In many cases company is willing to help on this as far as I know. Once the I-140 approved, you are OK, if I-140 got denied you have same trouble regardless you stay with original company or new one. Right?
 
Urgent: Question about changing job after I-140 approval

Hi Friends,

My I-140 have been approved before 7 months ago & I-485 is still pending. I have following questions:

- If I change job as my I-485 is pending more than 180 days. Can my old employer harm me ? Can he revoke my I-485 or can he create any problem for my I-485?

- My I-485 is in Nebraska Processing center & my new job is in California, Does it make any difference? Do I need to take care of anything ?

My new job has same title & job description.

Thanks,

Raju
 
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