is I140 approval required to change the company

worriedfor140

New Member
Hi Guys,

Is I140 approval required to change the company. Today I was reading on one website where attorney says I140 approval is required to change the Company. Please advice.


I filed I140 and I485 concurrently.
 
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worriedfor140 said:
Hi Guys,

Is I140 approval required to change the company. Today I was reading on one website where attorney says I140 approval is required to change the Company. Please advice.


I filed I140 and I485 concurrently.

Just get yes to the following .

1, I140 approved
2, I485 has been filled for over 180 days
3, You find a job with same/simillar duties

If you got the above ,,,,, change the job . no fears
 
worriedfor140 said:
Hi Guys,

Is I140 approval required to change the company. Today I was reading on one website where attorney says I140 approval is required to change the Company. Please advice.


I filed I140 and I485 concurrently.

You can still change if 140 is not approved after 180 days of filing of 485. BUT, the 140 should be "approvable" when you change and ofcourse be approved before 485. You former employer (GC sponsoring one) must followup if there is any rfe on the 140. If 140 gets denied after you change using AC21, the 485 automatically gets denied.

Search for "Yates" memo on google. You should find 2, read the latest one.
 
The only thing which is RISKY is the "approvable" part.
What if its denied
What if RFE is issued and no one responds to it
What if your sponsoring employer withdraws it
What if USCIS revokes it (as it happened in my case, I140 was approved )

I suggest to wait till 181 days. Keep good relations with your employer when leaving. Even after you leave, keep some connection. It will only benifit you.
 
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