I140 question - sorry to use this forum..

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belacut

Registered Users (C)
Quick question:
My company submitted to I-140 on 3/17. As soon as it got approved, am I able to work legally even the PD is not being current yet?

Can I get another job after the I140 got approved and still keep my PD. (Provided that, my present employer will do everything to assist.)

PD = 4/2003 EB3 World.
 
My two cents!

Belacut,

I'm no immigration expert but my first question to you is, how are you working right now while your I-140 is being processed? You must have a valid L1 or H1-B or something, right? If so, I think you will continue working using that work permit.

I don't believe you can switch jobs just using approved I-140. You can switch jobs by transferring your H1-B (and maybe your I-140 approval will get transfered as well) or switch jobs after you have filed I-485 and six months have passed since you filed it.

Sorry if I'm not too specific as my knowledge on the subject is limited. Perhaps Saras or UnitedNations can share a thought or two here.
 
GC_TRAP said:
Belacut,

I'm no immigration expert but my first question to you is, how are you working right now while your I-140 is being processed? You must have a valid L1 or H1-B or something, right? If so, I think you will continue working using that work permit.

I don't believe you can switch jobs just using approved I-140. You can switch jobs by transferring your H1-B (and maybe your I-140 approval will get transfered as well) or switch jobs after you have filed I-485 and six months have passed since you filed it.

Sorry if I'm not too specific as my knowledge on the subject is limited. Perhaps Saras or UnitedNations can share a thought or two here.
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I haven't get to work yet and I am a H4 status right now. But like I said, my LC got approved and pending for I140 approval. I would like to know if I can get to work legally once I get my I140 approved.
 
You can apply for EAD (and start working legally) after you file I-485 only.

belacut said:
I haven't get to work yet and I am a H4 status right now. But like I said, my LC got approved and pending for I140 approval. I would like to know if I can get to work legally once I get my I140 approved.
Click to expand...
 
belacut said:
I haven't get to work yet and I am a H4 status right now. But like I said, my LC got approved and pending for I140 approval. I would like to know if I can get to work legally once I get my I140 approved.
Click to expand...

How can you file a labor/I-140 when you are on H4 status? Are you saying your spouse has filed these on his/her name?

With just I-140 approval, you cannot work (if you have no other work permit like H1/L1 etc).

You need to wait to file I-485 and also 180 days after filing I-485 to switch jobs to use AC21.
 
Labor Cert is for future job . You don't have to be employed. After 1140 approval, AOS can be filed provided that visa dates are current. I think once you apply for AOS, EAD comes through in 3 months. EAD means you can work for any number of jobs besides orginal job.

skt
 
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