Info needed: Changing jobs with I-485 pending

V

vtg

Registered Users (C)
hi !
I know this has been debated quite a lot and i have done some search also in the archives...wanted to confirm what documents should one take when changing jobs with I-485 pending (mine has been for more than 6 months) in order to prepare for future RFE, if any...

i have I-140/I-485 receipts..
do we need the copy of labor certification also ? after talking to my lawyer it seems that getting copy of labor certification, depends on the current company ..so i am not sure whether i will get it or not. Is it absolutely needed or can i get by with it ?

any other issues, which i should take care of...? your help is appreciated.

thanks
 
You don't need a copy of the LC other than for verification that the new job description matches what was stated in your LC.

With regards to getting the information, there is no need to get a copy of the LC via your company, all you need to do is file under FOIA with the INS and you will be sent all the documents pretaining to your case.
 
You didn't mention the status of your I-140.

What is the status of I-140? If it is not approved, I believe your current company may revoke/withdraw your I-140/I-485 application after you quit, then you will be in trouble. If it has been already approved, then you are in safer side, you don't have to bother about I-140/I-1485.

Wait for Gurus to make a comment on this.
 
goodluck_140 said:
You didn't mention the status of your I-140.

What is the status of I-140? If it is not approved, I believe your current company may revoke/withdraw your I-140/I-485 application after you quit, then you will be in trouble. If it has been already approved, then you are in safer side, you don't have to bother about I-140/I-1485.

Wait for Gurus to make a comment on this.
Click to expand...
Yup -- given the current wording of AC21 memo, its not very clear if it applies when your 140 is not yet approved. Its open to interpretation
(Opinions on this vary depending on which lawyer you ask ! )

To be absolutely sure, make sure your 140 is approved and 485 has been pending >180 days.
 
thanks for your comments..

yes...my I-140 has been approved long back..forgot to mention that..
also, do i need to file for a change of lawyer with INS ? am asking this in the context as what happens in case of a RFE ? how will i come to know about it if online status doesnot get updated ? is my old lawyer legally supposed to forward it to me or something. please let me know if you have any insights.

thanks
 
vtg said:
thanks for your comments..

yes...my I-140 has been approved long back..forgot to mention that..
also, do i need to file for a change of lawyer with INS ? am asking this in the context as what happens in case of a RFE ? how will i come to know about it if online status doesnot get updated ? is my old lawyer legally supposed to forward it to me or something. please let me know if you have any insights.

thanks
Click to expand...


You also didn't mention whether you have the original receipt notice or just copy of your I-485 receipt notice.
I am not sure whether you would need original. Check this point also.
 
the new company's lawyers are insisting that I get the copy of labor certification ..while the old company says that they cannot give it as its their property.

140,
is this FOIA thing available to individuals too..i mean if i file for it..they won't say that we will provide this to your company or to their lawyers..and not to you..right ?

thanks for your help as ever
 
I hope you are asking me to answer. I don't think I know the answer. Let us wait for Gurus to make comment on this.

What is FOIA?
 
FOIA = Freedom of Information Act... Hello??
It's a free country. Certainly, it is available to you as an individual.
 
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