I sent an e-mail to senator office and I am waiting for the replay.
I am working for MCI telecom. They are doing left-and-right lay-off . Who will I trust once I leave the company without my I-140. The manager who promised me to keep the I-140 alive might be layed-off next month.
This is what my lawyer told me
I don't think switching employers at this point would likely jeopardize your
green card process, as long as you will be working in the same or similar
occupation and as long as your current employer is willing to respond to any
possible requests for additional evidence on your I-140 petition after you
leave.
Immigration law allows a green card applicant with an approved I-140
petition and an I-485 application that has been pending for more than 180
days to switch employers without jeopardizing their green card status, as
long as they continue to work in the same or similar occupation for which
they were sponsored.
In your case, the I-485 application has been pending for more than 180 days,
but the I-140 has not yet been approved. Assuming the I-140 is eventually
approved, you should not have a problem. To my knowledge, the immigration
service's current policy does not require that the I-140 be approved before
you switch employers.
If the immigration service required additional evidence on the I-140,
however, your previous employer would have to be willing to cooperate with
the request. Otherwise, the I-140 could be denied and your green card
application would be jeopardized.
The safest course of action would be to wait until after the I-140 is
approved to switch employers. If that is not possible, however, I don't
think a switch before the I-140 would likely jeopardize your green card
application under current immigration policies. (I should note, however,
that final regulations on this law have not yet been published and the
policy could change in the future.)
Please notify us if and when you switch employers.
