changing the employers after I-140 approved

R

Rajkos

New Member
Hi Guru’s,
Please help me

My I-140 got approved last month( applied 1 year ago). I have an EAD. If I want to change the employers from A to B, what should I do. If I move to B employer , I’m sure my employer A will never help me in the future for the GC queries.
I need some information on the following while changing the employers:

1. Do I need anything from A (present) employer (letter from employer etc..).

2. How do I inform to USCIS ( through AC21)

3. How much my salary should be.

4. is there any problem if my designation changed from software engineer to software tester.

5. If my B employer laid me off can I join in C company. If there is any gap (2 or 3 months) from B to C is there any problem?

6. I might be having a week gap between the old EAD1 expiration date and renewed EAD2. If I change to B employer should I take leave during that week. Can I do like that.

7. Can employer A revoke my I-140, if he wants.
 
My I-140 got approved last month( applied 1 year ago). I have an EAD. If I want to change the employers from A to B, what should I do. If I move to B employer , I’m sure my employer A will never help me in the future for the GC queries.
I need some information on the following while changing the employers:

1. Do I need anything from A (present) employer (letter from employer etc..).

2. How do I inform to USCIS ( through AC21)
you or your lawyer can notify with proper documentation such as new employer tax return etc
3. How much my salary should be.
this shows that you dont have your approved labor copy with you. you need to have a copy to use ac-21. you should be in the same or similar occupation with almost same salary stated in the labor. salary difference is not addressed in the ac-21 but too much of a difference will trigger a red flag. if you dont have your labor then request your employer. if you feel your employer will not give you then file to your dol using freedom of information act. this may take around 3 months. till then its better you stay with your current employer. you can use ac-21 only if you can show same or similar occupation and your i485 should be pending for more than 180 days from the date of filing
4. is there any problem if my designation changed from software engineer to software tester.
this is a considerable difference. watch out.
5. If my B employer laid me off can I join in C company. If there is any gap (2 or 3 months) from B to C is there any problem?
as long as you have pending i485 you should not worry much about your gap in employment. you may join company-c if there no other legal obligation.
6. I might be having a week gap between the old EAD1 expiration date and renewed EAD2. If I change to B employer should I take leave during that week. Can I do like that.
yes. and you cannot work for any company when you dont have any proper authorization like h1 or valid ead etc
7. Can employer A revoke my I-140, if he wants.
yes but they will not be able to be successful if you have crossed 180days from the date of filing your i485.
 
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