Job Change

08092002

Registered Users (C)
I have my I140 pending since aug 2002 with company A.
I also received my EAD in SEP 2002.
Now I have a very good offer thru another company.
What should I do?

Do I need to wait for I140 approval?
 
If u change ur job now, ur sponsoring company can revoke your i-140 which would invalidate ur GC application,EAD,AP and as you know that once u use EAD,AP u loose h1b status, bottom line is that if u change ur job before i-140 is approved, and ur i-140 is revoked, u would be in real fix, if u think ur sponsor would not revoke ur i-140 app, then u may consider taking this offer, if u have even 1% doubt that he may revoke it, then U MUST WAIT FOR I-140 APPROVAL.


just a friendly advice

-thx
 
Thanks for you reply.
I don't think my company is going to revoke I140.
I am going to leave the co on good notes.
My only worry is what if there is any RFE?
 
If there is any RFE, then it depends on your company i guess, u would totally be on there mercy,some people says that in this case company would not like to reply as it may put them in trouble, but logically GC is for future employment and any RFE in I-140 stage is related with company so it should be ok,still u must talk to an attorny who does not work for ur employer.

but hay, all the vary best,hope u get ur approval asap.

-manoj
 
Wait ... if possible

Hi 08092002

I had a similar situation like yours but little different. I lost my job
in Oct 2003 and during that time my I-140 was still pending with
an RFE. But my company assured me that they are going to support my GC case if there is an RFE. (as already there was
an RFE generated in my case and I replied already, there
was definitely a positive hope that there won't be any further
RFE). I got another job in Jan 2004 and fortunately my I-140 approval came before I joined the other company and I am all
set now.

In your case if your company assures you to answer any RFE,
then you can think of changing jobs. As your I-140 is anyway
due, you can expect approval / RFE (I hope not). If RFE is just
not related to your company (like your W-2 or something else)
then it is fine. Neverthless, if I were you, I would stick to my
company till my I-140 gets approved.

As the law is still not very clear it is always better to be on the
safer side. Discuss with your new employer if they can wait for
some more time ( I don't know if you can do this!!).

I hope you get your I-140 approval soon ...

Sekar
Boston
 
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