Filing I 140/485 and switching job?

[gobaldeva]

Hi All,

I have a situation that my current employer is applying for I140 and 485 concurrently. But I am in a situation to change jobs. My new employer is willing to apply GC for me.

my question is :

1) What will happen to i140/485 filed before my job switching ?

2) Would you guys recommened to wait for 180 days after filing i140/485 to make use of AC21 act and then switch jobs ?

3) or to forget the application of I140/485 and go for new labor/I140/485 with new compnay.

I would greatly appreciate if some one help me on this.

thanks.

 

[manya04]

Some factors to consider

Here is my opinion:

Consider two more things
1. years remaining on H1
2. Job security in staying with current employer vs joining new employer

If you don't have any risk of loosing your job with current employer for another
6 to 8 months then bettwer get your 140-485 application done and then use AC21 after 6 months if necessary.

Here is my personal experience:

Around Feb 2001 : I had an approved labor + I-140 from my current employer (A) at that time. I was working as a contractor with company (B) and company B was ready to sponsor my H1, labor GC etc.

My options were to reject offer from company B, continue working with
company A and immediately file for 485 thru' company A.

But at that time I knew that if I accept offer from company A my job would be secure for at least another 2 and half years. (based on the funding and client base of B)

Also at that time there was no guarantee that continuing with company A would fetch me a green card within a fixed time (As you know this is never going to be a case with USCIS whims).

So I left company A and joined company B. Fortunately I got my gc with company B recently and have no plans to leave company B anytime soon.

Hope this gives you some input to make your decision.


Cheers and Best of Luck,

MK.