I-140 & I-485 Not approved, can I join new Employer

M

myitneeds

Registered Users (C)
I applied I-140 & I-485, and Crossing 180 days this month, at this moment they are pending..., can I join new Employer ?. Assuming I am going to get i-EAD by going personally to local INS office.

If so What new Employer should do ??
Do they( new employer ) still have to apply i-140 ?
Do they have to apply i-485 ?

should they submit AC21 ? ( can we apply our own ? or company should apply ?

I am at cross roads, unable to take a decision !!!! Suggest me what all options I have...

Thank you..All..
 
myitneeds,

This question has been asked and answered numerous times in this forum, if you search for something like "Changing jobs" at the Search forums at the bottom, you will find answers.
 
Originally posted by myitneeds
I applied I-140 & I-485, and Crossing 180 days this month, at this moment they are pending..., can I join new Employer ?. Assuming I am going to get i-EAD by going personally to local INS office.

If so What new Employer should do ??
Do they( new employer ) still have to apply i-140 ?
Do they have to apply i-485 ?

should they submit AC21 ? ( can we apply our own ? or company should apply ?

I am at cross roads, unable to take a decision !!!! Suggest me what all options I have...

Thank you..All..
Click to expand...

First of all it is like taking a chance because most lawyer's view is that I-140 should be approved with I-485 pending for atleast 180 days. My lawyer got some cases even without I-140 approval cleared so obviously according to him it is OK to switch even if I-140 is not approved.

If you change, then either you can inform of the new job (AC21)(provided it is similar to LC specifications with salary etc.) but I, in your place, would not do that and rather wait if they send an RFE since I-140 is not approved yet.
 
AC21 Portability memo clearly says that I-140 needs to be cleared and 180 days needs to be passed after applying I-485 to change employers. But I have known people jumping on to new employer with out waiting for I-140 clearing.

Well, I believe the rule of the law(of land) in letter and spirit, so I think, waiting for I-140 clearance before jumping may be a good idea in the long run, considering that during these days INS is minutely scrutinising the GC papers and I-485 adjustment is along way to go.
 
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