Is this possible to change the job before I-140 get approved?

G

goodbm

Registered Users (C)
Hi friends at immigrationportal:
My I-485 will be pending more than 180 days soon. But my I-140 has not got approved yet. My employer is not very stable financially, I am thinking to switch to a employer if I something bad happens. Is this possible to change the job before I-140 get approved? Any useful links I can refer?

Thanks!
Ben
 
goodbm said:
Hi friends at immigrationportal:
My I-485 will be pending more than 180 days soon. But my I-140 has not got approved yet. My employer is not very stable financially, I am thinking to switch to a employer if I something bad happens. Is this possible to change the job before I-140 get approved? Any useful links I can refer?

Thanks!
Ben
Click to expand...

Others in this forum know more than me, but as far as I know the sure thing is when you can wait until I-140 approval. I understand it is possible to change jobs even before I-140 gets approved, however if the sponsor employer ever decides to withdraw your pending I-140, your EAD and I-485 application may be denied.
 
From Murthy.com
Chat : March 01, 2004

Chat User : Hi. Can an employee change companies when the I-485 has been pending for 6 months but the I-140 has not been approved? The new job is very similar to the current one.

Attorney Murthy : If an employee changes employers before the I-140 is approved, the person takes the risk that the I-140 could get denied, and the person would jeopardize everything obtained to date. If one can help it then that may not be a wise decision. When a person says that s/he have no choice, as in the case of a lay-off, etc, one is between a rock and a hard place. If one has choices, then it is best to play it safe and wait for the I-140 to get approved to be able to enjoy AC21 portability under the August 2003 USCIS policy guidance memo. Under the August 2003 USCIS Memo, a person only enjoys AC21 portability if the I-140 has been approved and the I-485 has been pending for over 180 days. Both conditions have to be satisfied.
 
goodbm said:
Hi friends at immigrationportal:
My I-485 will be pending more than 180 days soon. But my I-140 has not got approved yet. My employer is not very stable financially, I am thinking to switch to a employer if I something bad happens. Is this possible to change the job before I-140 get approved? Any useful links I can refer?

Thanks!
Ben
Click to expand...

If you think they won't pull your I-140 or go out of business soon, then you should be fine. Try to make sure you don't burn your bridges when you leave and get friendly with the HR person and finance director (in case you need to respond to ability to pay I-140 RFE). I was layed off so they felt and still feel compassion for my situation and are supporting it till the end.
 
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