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Summary of H-1B Cap Bill (S. 2045) As Passed by the Congress (10-3-00) at http://www.shusterman.com/s2045sum.html says:
Portability of I-140s and Labor Certs: Allows individuals who have filed for adjustment of status and whose cases have been pending for 180 days or more to change jobs or employers without affecting the validity of the I-140 or underlying labor certification, as long as the new job is in “the same or a similar occupational classification” to the job in the original petition and labor cert.
1) Does it mean that if my I485 is pending with INS more then 180 days I can freely change jobs (staying in the same specialty) and it will not affect my GC approval?
2) Will I need to apply for I485 again when I change job, or old I485 case will still be valid?
3) Will I need to apply for H1 or EAD to change jobs?
4) If I change job, what company will be considered the sponsor of my GC: new or old? If it is old company, it presumably could cancel my I140 if I leave them.
Thank you.
Portability of I-140s and Labor Certs: Allows individuals who have filed for adjustment of status and whose cases have been pending for 180 days or more to change jobs or employers without affecting the validity of the I-140 or underlying labor certification, as long as the new job is in “the same or a similar occupational classification” to the job in the original petition and labor cert.
1) Does it mean that if my I485 is pending with INS more then 180 days I can freely change jobs (staying in the same specialty) and it will not affect my GC approval?
2) Will I need to apply for I485 again when I change job, or old I485 case will still be valid?
3) Will I need to apply for H1 or EAD to change jobs?
4) If I change job, what company will be considered the sponsor of my GC: new or old? If it is old company, it presumably could cancel my I140 if I leave them.
Thank you.
