I-140 not approved -Job change possble ?

D

del323i

Registered Users (C)
Here is my situation:
I-140 (EB1) outstanding researcher, filed 5/02- no response yet

I-485 filed 10/02, fingerprinting recently completed, AP/ EAD renewed in 10/03

I have the opportunity to change employers and go for a job upgrade (same research area, different company). Both companies involved are fortune 100 and the lawyers from the "new" company say that there should not be a problem with my I-140 petition as a result of the job change. Is this true or is there a great deal of risk here ?

Is the switch easier if the I-140 gets approved ?

TIA
 
maybe not

You can change job provided:
1. After 6 mo. have passed since you applied for 485 -> that seems t be your case
2. 1 and The first company is prepared to suppport your 140 after you leave them
OR
3. 1 and hoping the first company will not cancel 140 and also hoping you won't get a a RFE in 140 -> you can't predict any of this

The bottom line popular wisdom is- don't change job till 140 is approved.

HTH
 
Last edited by a moderator:
Originally posted by del323i
Thanks for the info.

I'm not sure what an RFE is ? Would anyone explain ?
Click to expand...

RFE (Request For Evidence). In most cases RFE's are routine nothing out of the place. So handling a RFE is very normal. You should not make the mistake of switching jobs when your I140 is not approved yet. In the event your current employer were to revoke (they have every right to do so), your new employer would have to sponsor your I140. Since you are EB1 you do not need a labor certification right ? I am not sure about this aspect.

You could still take a risk and change employers and hoping that your I140 is not revoked. Then you are just fine. If revoked you will have to face the music !!


BottomLine: Dont take the risk of resetting time unless you fancy risks.

HTH
 
I-140 - before approval

Hi Del323i

I exactly fall into the same category (EB1 - OR) and I am already
in a similar situation like yours.
I got an RFE for I-140 on Sep 5 2003 and I got laid off on Sep 23 2003. But the good thing is that my company is willing to support my green card process. (green card is for a future job only and nothing to do with the present job situation).
If your present company does not revoke your I-140 and willing to support your case if there is any RFE, then you can go ahead
and switch jobs with a letter from the new employer saying the support for your green card.

My attorney says it is better to get I-140 approved and switch jobs and also don't try to switch to another service center.

Sekar
 
BCIS Guidance on AC21 180-Day Rule for EB-485 Filers

A) Availability of 180-Day Rule for I-485 Applicants Who Were Not Employee of the I-140 Petitioner: The approved I-140 petition may be ported to a new employer for a same or similar occupational classification. The memo states that it is possible for an alien to qualify for the 180-day portability even if he or she has never been employed by the prior petitioning employer or the subsequent employer under AC 21. However, the evidence must be there that an offer of employment must have been boda fide, and the employer must have had the intent at the time the I-140 petition was approved.

B) Withdrawal or Revocation of I-140 Petition Before 180 Days: The I-140 petition is no longer valid and cannot be ported to a new employer after 180 days.

C) Revocation of I-140 Petition After 180 Days for Fraud: The I-140 petition becomes invalid and cannot be ported to a new employer even after 180 days.

D) Withdrawal or Revocation of I-140 Petition After 180 Days After New Employment of Similar/Same Occupation: The approved I-140 petion will remain valid and I-485 will be completed as filed.

D) Filing Requirement for Change of Employer: If the I-140 is withdrawn but the beneficiary has failed to file evidence of a new qualifying employment before that time, BCIS must issue Notice of Intent to Deny I-485. If the qualifying new employment is then timely submitted, BCIS may consider the approved I-140 valid for the purpose of continuous adjudication of I-485 even after the Notice to Deny has been issued. It is thus critically important that people either file the change of employer as soon as the employment change takes place or if the Notice to Deny is received, they respond to such Notice "timely" and with "required evidence." If the Notice is not timely reponded, the BCIS will deny the I-485.


SOURCE: http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
 
filing date

del323i,

Can you post your actual I-140 filing date (which date in May 2002?). You might want to update the data sheet in the thread [EB1: please update your info] that 'colormix' started ...

ksekar,

perhaps I missed your earlier postings, what's your current status now and have you responded to your RFE yet?
 
You must log in or register to reply here.
Top