i-140 in Hand.. what can I next ?

[rahulc73]

Hello Forum,

I have i-140 issued Nov 2001. And ready to apply for i-485.. but since I have no payslips being generated as of now, can't go ahead. My question is: can i transfer my H1 to another company and continue after i-140 process from there ?
2. If I return to India, and after a year, is there any way I can continue from this position ?

Suggestions welcome..

 

[Samir K Das]

Rahulc 73
An employer would have petitioned for your immigrant visa (I-140). The same employer should give you a letter sponsoring your employment based I-485; no paystubs are necessary to file for AOS.
However if you go to India and do not have an advance parole authorizing your absence from the US your I-485 petition would be considered as abandoned.
Of course at the time your approval for I-485 comes up INS may ask for proof of employment in the same/similar employment classification and minimum salary as certified in the LC.
Your H1 transfer to another company should not pose a problem if the employer does not object--the green card is for a future appointment and the petitioning employer should offer you the job on completion of the green card process--and the AC portability now allows you to change employer if your I-485 has not been adjudicated upon in 180 days.
So, best of luck--dont be confused!