I140 approved yesterday but already had changed jobs...need clarification

N

nite_flite

Registered Users (C)
Hi,
I got my I140 EB2 approved yeserday (Feb 22,2005). My ND date was Apr 7 2004. No RFE.
I had however already changed jobs (was laid off)BEFORE I got my I140 approved but AFTER 180 days of applying my I140/I485 concurrently. Already got my EAD too. My current job is exactly similar to my previous one.

So my questions are...(though i think this issue has been beaten to pulp)

1) Where do I stand?. Is my I140 and I485 still valid? Does the Fujie O. memo hold any significance?

2) Do I need to apply for my AC21 immediately?. Do I need to apply for it at all? or wait and see if my GC is valid or if it gets an RFE.

3) Can I travel with my EAD?

What's my next option? Please help

Thanks in advance.
 
Firstly, Congratulations on your I-140 approval.

From your posting, it is evident that your employer (though he laid you off) did not revoke your I-140 application which is very good thing for you. I guess, you should be okay since you now have a 140 approved and crossed 180 days on your 485 application. You would meet the requirements of AC21. Regarding proactively informing USCIS about your job change and AC21, I think if your past employer doesn't revoke the I-140, I personally feel that you should sit tight and wait for your 485 approval. Since GC is for a future job and AC21 gives the provision to obtain a GC even without working for that sponsoring employee before or after getting the GC (if you invoke AC21), you should be okay.

I would say, if you are on H1, continue to be on that if that gives you peace of mind till you get your 485 approved.

Guys, any other comments??

Good Luck.
 
H1BneedGC said:
Firstly, Congratulations on your I-140 approval.

From your posting, it is evident that your employer (though he laid you off) did not revoke your I-140 application which is very good thing for you. I guess, you should be okay since you now have a 140 approved and crossed 180 days on your 485 application. You would meet the requirements of AC21. Regarding proactively informing USCIS about your job change and AC21, I think if your past employer doesn't revoke the I-140, I personally feel that you should sit tight and wait for your 485 approval. Since GC is for a future job and AC21 gives the provision to obtain a GC even without working for that sponsoring employee before or after getting the GC (if you invoke AC21), you should be okay.

I would say, if you are on H1, continue to be on that if that gives you peace of mind till you get your 485 approved.

Guys, any other comments??

Good Luck.
Click to expand...
Does this applies to following scenario?
(1)140 cleared,485 less than 180 days,No Ead,Valid H1 ..Can person change the job without affecting GC process.
(2) If answer for (1) is NO then is it possible to do that after 180 days of 485,then use H1 while 485 is still in process.How this works?
 
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