I-140 Denial and Appeal pending How to switch employer

Immigrationenig

Registered Users (C)
hello,

my PD is May2007

-I-140 and I 485 applied in August 2007,got my advanced payroll and EAD
-I-140 was filed with Nebraska service center.Which is still showing pending status.

-I-140 got rejected in april stating no supporting documents(still it never showed rejected status on website and is still pending status)…in May MTR (I 290B)was filed…which is also pending.
-they have sent a letter stating that they have moved my case to Texas service center(for I290B, NOTICE OF APPEAL TO THE COMMISSIONER) as of May 2008.
-I filed for EAD renewal and expecting it within month.

Is there any way to switch employer without affecting my current process?
historically how long it takes to get decision on I 290B at Texas Center?
is it safe to change employer on my two year EAD?


What is the best way out,
Thanking in Advance,
 

nscagony

Registered Users (C)
posting the same question 4x all over the place is rude, and will certainly not get you any replies
 

kapsy30

Registered Users (C)
Don't be judgemental ...
He ia probably frutrated and trying to get an answer for his problem..
 

Immigrationenig

Registered Users (C)
Its posted in all relavent places.(my case is pending at two offices) just trying to get answer by any body who has similar experience/knowledge....didn't know it could offend some body....just found you only in each thread...bad luck...
thank you for your precious time for replies though...


Kapsy30...thank you for understanding my desperation..and good luck with your case..
 

EricS

Active Member
What is your current status? Have you maintained your H1 or you are working on EAD?
If you have maintained your H1,then you can switch the employer on H1. If you switch like this, you may get RFE/Denial for Ability to pay if your employer cannot show that they have ability to pay you the wage mentioned in LC and you are currently not getting paid by the sponsoring employer. Search the forum for Ability to pay and let me know if you have more questions on that.

If you are currently working on EAD, then you can still switch, but in addition to the issue mentioned above, you have another issue to deal with. Once the 140 gets denied, all the dependent applications also get denied. Hence your 485 is not valid and EAD and AP also. If your appeal gets accepted, then all the applications 485/EAD/AP are considered valid again, but if 140 gets denied, then you are considered out of status from the date of original denial of 140.

Post here what is your current status (H1/EAD) and any other questions that you might have. Someone should be able to reply.

Most of the time, 140 online status does not show that it is denied. 290B processing time varies from few weeks (like 3 weeks) to 6 months or more. For current processing times, see immigration.com home page, processing times.
 

Immigrationenig

Registered Users (C)
hi EricS,
Thank you for nice explanation.
I am on h-1b.
I guess I would wait for some more time to get answer for MTR so that all that will not go waste.
Next question would be:
1.Is there a way to keep my PD or keep my green card processing active with my current employer even though I switch to new employer on H-1?

Thanks,
 

EricS

Active Member
hi EricS,
Thank you for nice explanation.
I am on h-1b.
I guess I would wait for some more time to get answer for MTR so that all that will not go waste.
Next question would be:
1.Is there a way to keep my PD or keep my green card processing active with my current employer even though I switch to new employer on H-1?

Thanks,

Your GC processing will stay active even when you switch to a new employer, provided the GC sponsoring employer does not withdraw your case (140). Remember, GC is for a future job. Ability to pay could be an issue as I explained earlier.
 
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