I40 Approved, 485 retro, Change of job?

T

tekken8

New Member
Greetings,

My 140 was approved 12/05. 485 not filed due to retro (EB3). Can someone tell me if I can change employment now? and if yes, how will it affect my 485 filing in the future?

Thanks very much for the help.
 
You can get h1b transfer and extensions in 3 year increments with your approved 140. You will have to file PERM once again through your new employer, but you get to keep your earlier priority date for filing 485.

Please confirm this with a lawyer
 
One more suggestion,

If you have good relation with the current employer you can still file 485 from the same company as a perspective future employee. But you will have to file your H1 transfere once you join the other company.

My 2 cents...

Thanks

Redgo
 
Hi,
If Old Employer can file 485, do we need to change job back to him at any point or can continue with new employer?
 
you can keep your pd only if your current employer won;t reroke your 140 after leave. If your current employer will continute file 485 for you, once it approved, you need come back to work for him at least 6 month to 1 year.
 
Nonogc,

Just a simple clarification. It is not documented anywhere that the guy has to work for 6 months to 1 year. It all depends on the employee and employer relationship. Yes i completely agree with you while filing for Citizenship they might (Big Might) look into the application and see whether or not you worked for that employer anytime. In the current situation this guy has already worked for him for so and so duration. More over it would be wise if he works for the GC sponsor employer for couple of months to be on the safe side after the GC is approved.

Cheers!!!!!

Redgo
 
Clarification please

It sounds like I have two options?
1. Switch job to new employer, do H1B transfer, old employer retain 140, refile 140 using PERM through new employer and file 485 thru new employer. is that right? I'm also on the 6th year of my H1. Is this option possible?

2. Switch job to new employer, do H1B transfer, old employer retain 140, file 485 thru old employer but must come back to work for old employer once 485 approved? Is this also possible with my 6th year H1B?

Thanks for all the help.
 
Hi redgo/All,

Don't you have to be working with the employer for him to file your 485? If you leave after 140 to another company can the old employer file 485 without you in the payroll? Please advise.


redgo said:
One more suggestion,

If you have good relation with the current employer you can still file 485 from the same company as a perspective future employee. But you will have to file your H1 transfere once you join the other company.

My 2 cents...

Thanks

Redgo
Click to expand...
 
green card is for a future position. You don't have to work for the company before you are approved. That is why lots of peope are through Cp.
 
you can apply for 485 through old company

Your old employer can apply for 485 as a Future employee, you no need to work for the old company at all.

Only these consulting companies will tell you stories to ensure you work them for ever as a slave.
 
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