I140 Approved & Job Change

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lets_discuss_gc

Registered Users (C)
Hello Gurus,

Please clarify if job can be changed after I140 is approved but 485 not filed because of retro...

I understand this is not AC21 case but there is still some way of CHANGING THE JOB AFTER 140 IS APPROVED BUT 485 NOT APPLIED BECAUSE OF RETRO...

I will be thankful for any advice.

Thanks again
 
Job transfer before 485

lets_discuss_gc said:
Hello Gurus,

Please clarify if job can be changed after I140 is approved but 485 not filed because of retro...

I understand this is not AC21 case but there is still some way of CHANGING THE JOB AFTER 140 IS APPROVED BUT 485 NOT APPLIED BECAUSE OF RETRO...

I will be thankful for any advice.

Thanks again
Click to expand...

You can not change jobs before filing 485 unless you apply for H1 transfer. Also you need to get a new LC.
If you wait until you can file 485, all you have to do is wait for 180 days and change to a similar job without going through the LC process again.

andy
 
Yes but

Comp A - I-140 approved, secured a copy of I-140 approval

Joined comp B, with new H1, file new PERM/LC get I-140 approval with the older PD by using comp A approval copy.

The problem is Comp A should never revoke their I-140, if they do you loose that PD.

lets_discuss_gc said:
Hello Gurus,

Please clarify if job can be changed after I140 is approved but 485 not filed because of retro...

I understand this is not AC21 case but there is still some way of CHANGING THE JOB AFTER 140 IS APPROVED BUT 485 NOT APPLIED BECAUSE OF RETRO...

I will be thankful for any advice.

Thanks again
Click to expand...
 
Thanks

Hey Andy,

I Guess What Gc_retrogress Is Saying Is Correct. I Checked With My Attorney And This Is Exactly What He Thinks.

Anybody Any Other Opinion....

Thanks
 
gc_retrogress said:
Comp A - I-140 approved, secured a copy of I-140 approval

Joined comp B, with new H1, file new PERM/LC get I-140 approval with the older PD by using comp A approval copy.

The problem is Comp A should never revoke their I-140, if they do you loose that PD.
Click to expand...

My company doesnt release copy of I-140 approval. If I dont have that, what else can I use to get the old priority date when I file I-140 with my new employer?
 
PD can be lost only if I140 is fraud

gc_retrogress said:
Comp A - I-140 approved, secured a copy of I-140 approval

Joined comp B, with new H1, file new PERM/LC get I-140 approval with the older PD by using comp A approval copy.

The problem is Comp A should never revoke their I-140, if they do you loose that PD.
Click to expand...

Actually it is not 100% true.
Before the law said that, yes you loose PD if employer A revokes I140.
But UCSIS released Memo on September 2005 which says that PD can be lost only if I140 is revoked because of fraud.

See attachement

Page 6
 
Last edited by a moderator:
sfmars said:
Actually it is not 100% true.
Before the law said that, yes you loose PD if employer A revokes I140.
But UCSIS released Memo on September 2005 which says that PD can be lost only if I140 is revoked because of fraud.

See attachement

Page 6
Click to expand...

That memo is actually "silent" about cases when employer revokes I-140.

Please read this post and other posts in that thread

http://www.immigrationportal.com/showpost.php?p=1538892&postcount=33

http://www.immigrationportal.com/showthread.php?t=229008&page=2&pp=15
 
desi3933 said:
That memo is actually "silent" about cases when employer revokes I-140.

Please read this post and other posts in that thread

http://www.immigrationportal.com/showpost.php?p=1538892&postcount=33

http://www.immigrationportal.com/showthread.php?t=229008&page=2&pp=15
Click to expand...

I am not sure that you and UN right on it. USCIS comes with memo to clarify some grey area of the law. When new memo is released, USCIS says before it becomes the law, we will work in accordance with the memo. Per my knowledge they did not allow before 3 years of H1 extension if I140 is approved and I485 is not filed yet and person is beyond of the 6 year H1 limit (they allowed only one year), but when retrogression came up, they released memo where they say that it is allowed.

As for this memo it specifically says about retaining PD after I140 is approved.

Although I agree that some lawyers can interpret it differently.
By the way this memo I found on the lawyers web site which say that they are going to interpret it as PD can not be lost if old employer revoked I140
 
Last edited by a moderator:
Thanks Guys,

This thread has certainly been a lot of help. I checked the thread referenced before and this is how i interpret it...

you have your i140 approved and you change job....

you can retain your priority date as far as i140 is not revoked because of fraud...it is silent on if the employer revokes it...

good job...
 
gc_retrogress said:
Comp A - I-140 approved, secured a copy of I-140 approval

Joined comp B, with new H1, file new PERM/LC get I-140 approval with the older PD by using comp A approval copy.
Click to expand...

by approval copy you guys mean the I797 that these guys send that states that the I140 that you submitted has been approved, right ?
Or is it a different letter/ form ?
 
help ...want your opinion

Gurus,

Thanks for providing information(which is so hard to get even from lawyers). I have some questions regarding change of employer after 1-140 is approved and H1 is extended with current employer.

I am assuming I can file LC and I-140 with new employer as a future employee and use my PD from current LC for filing 485.
1. If someone needs to file LC/I-140 with a new company before joining that company, how do you produce proof of exeprience with current employer ?
2. If someone files LC/I-140 with new employer before joining it, will his/her current company came to know about it(they may want to revoke my I-140) ?
3. Once my new I-140 is approved, does it matter if my current employer revokes I-140 ? Would they loose LC by revoking my I-140 or it will be available for someone else to use ?
4. What are the requirements for EB2 in PERM ? And how long its taking for PERM ?

Thanks in advance. This forum is a savior.
 
I140 company change

lets_discuss_gc said:
Hey Andy,

I Guess What Gc_retrogress Is Saying Is Correct. I Checked With My Attorney And This Is Exactly What He Thinks.

Anybody Any Other Opinion....

Thanks
Click to expand...

lets_discuss_gc, GC_retrogress.......

BECAUSE OF RETRO...PD not available... interesting turn... I wish its true....any other inputs on this one please....
 
I140 company change

Gurus,

I am also sailing in the same boat. I got I-140 approval notice courtsey copy.Does this work or should I need to get original approval copy? I think it will be difficult for me to get original approval notice copy.
I will be thankful for any advice

thanks again
 
ssrsl said:
Gurus,

I am also sailing in the same boat. I got I-140 approval notice courtsey copy.Does this work or should I need to get original approval copy? I think it will be difficult for me to get original approval notice copy.
I will be thankful for any advice

thanks again
Click to expand...

How did you get the I-140 approval notice courtesy copy? Who sent that to you?

Thanks!
 
ssrsl said:
This is employer’s copy. I got this with very difficulty.
Click to expand...

My employer doesnt give out the copy until I-485 has been filed and pending for 6 months. Any idea how a copy can be retrieved?

Can you share the difficulty in your case and how you overcame it?
 
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