concurrent filing

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vikram_vetal

Registered Users (C)
My 140 and 485 were filed concurrently and it has been approx 5 months since they were filed and both me and my spouse ahve already received our EADs. i am planning to change company.
1. can we change the company once 140 and 485 have been pending for six months?
2. what is the procedure? like, will my new employer have to file before i quit?
3. can i consult with the lawyer who is doing our GC even though the company has paid for the fees.
please advise.
thanks
vikram
 
My 140 and 485 were filed concurrently and it has been approx 5 months since they were filed and both me and my spouse ahve already received our EADs. i am planning to change company.
1. Can we change the company once 140 and 485 have been pending for six months?
------ I-140 must be approved AND I-485 pending more than 180 days, same similar job needed to use AC21. You are taking a big risk if you plan to change now the employer who filed I-140 he can revoke I-140 any time before approval and you may have to start the GC process from beginning and if I-140 revoked EAD, AP, I-485 all will be revoked for you and your spouse.
2. What is the procedure? Like, will my new employer have to file before i quit?
----- Wait for I-140 approval and to cross I-485 more than 180 days. Once I-140 approved and I-485 pending more than 180 days then only think of changing the employer, better maintain H1 and H4 status till I-140 gets approved, if I-140 has any RFE or I-140 gets denied then you need nonimmigrant status like H1 or H4 to stay don’t use EAD before approval of I-140, play safe.
3. Can I consult with the lawyer who is doing our GC even though the company has paid for the fees.
---- Lawyer may inform the employer as he represents the company and was paid by company and they may revoke the pending I-140. Better wait till the time you get I-140 approved and I-485 pending more than 180 days
 
thanks ginnu,
but in february, it will already be 180 days since my 485 has been filed. also, from what i have heard is that according the new rule, once it is past the 180 days point (for filing of 140), it goes out of the hands of the company. actually, from what my lawyer had told me was (in a separate discussion) that even if the company were to lay me off afterr that point, they cannot revoke 140.
is that true?
thanks
vikram
 
Originally posted by vikram_vetal
from what i have heard is that according the new rule, once it is past the 180 days point (for filing of 140), it goes out of the hands of the company. actually, from what my lawyer had told me was (in a separate discussion) that even if the company were to lay me off afterr that point, they cannot revoke 140.
Click to expand...

Your attorney is either confused or dangerously ill-informed.

The petitioning company can ALWAYS withdraw the I-140 if it has not been approved, no mater how long it has been pending.
 
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