Leaving company after I-140 approval

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Hi Immigration Experts,

I have some questions related to I-140. I mentioned them below. Please clarify me.

1. Once you get your I-140 approval, is it possible for you to leave the company?

2. If you leave the company, what are the chances of revoking the I-140 approval by your company?

Please help me in this regard.

Thanks,
Krishna
 
1. As a matter of fact, you can leave the company at any time -:). Unless you filed 485 along with i140 and it has been 180 days already, you can not move to another employer using this pending case. The only advantage is that (assuming you haven't filed I485) you can keep the PD, but has to start everything again from LC at new company. At the time of I140/485 filing, you can mention about the old approved I140 and your intention of porting old I140 PD.

2. You should know better than us on the chances of revoking LC. Though I140 is revoked, you should able to keep the PD of that I140 for your future filing.

Thanks!
 
hellogc_2006 said:
1. As a matter of fact, you can leave the company at any time -:). Unless you filed 485 along with i140 and it has been 180 days already, you can not move to another employer using this pending case. The only advantage is that (assuming you haven't filed I485) you can keep the PD, but has to start everything again from LC at new company. At the time of I140/485 filing, you can mention about the old approved I140 and your intention of porting old I140 PD.

2. You should know better than us on the chances of revoking LC. Though I140 is revoked, you should able to keep the PD of that I140 for your future filing.

Thanks!
Click to expand...

I am also interested in knowing that when you leave a company after I-140 is approved, is that company required to reach out to USCIS for revocation ? My current company is a a policy oriented one and if its required then I can not imagine of leaving.

My second question is a follow-up on #2. How can one keep PD if original I-140 is revoked ? Are you saying we can keep PD once second I-140 is approved. But I am assuming we need old I-140 in approved condition to carry over the PD.

Thanks in advance.
 
Here is one of the paragraph from yates memo on how to consider PD in this situtation. My comments are based on this:-

(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successorship of interest).

May be some one like UN can comment on this.

Thanks!
 
hellogc_2006 said:
Here is one of the paragraph from yates memo on how to consider PD in this situtation. My comments are based on this:-

(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successorship of interest).

May be some one like UN can comment on this.

Thanks!
Click to expand...

Can someone please explain me the meaning of "willful misrepresentation" ? Is it referring to the situation where an employer notifies USCIS that a particular employee has left the company and his I-140 is revoked ?

Thanks
 
Couple questions

a) Does the beneficiary get a courtesy copy of the I-140 approval or just the attorney/employer?

b) Does the approval contain any of the information on the I-140 application (i.e. i don't know what salary they put in the I-140) I know what is in the LC but the LC is from 2001 so obviously the salary has increased.
 
Hi UN and Other experts

I think you might read my earler posting in I-140 petition or 3 year Degree petitions. My I-140 approved and I got my H-1 visa extension untill Feb 2010. After current company merged with another company my job responsibilities takes over by the other company. After number of talks my company considering me to work part time. So that I can continue my green card process. I am from INDIA. AS you know I am not eligible to file my I-485 soon. In the mean time I got very good job offer and they are ready to file H1B petition for me. But they are not ready to go through GC process. Is there a way I can work for multiple company. I am completing six years on H1 status. Is it possible to file H1 along with the current petition. Please let me know any issues and concerns.
Thanks
 
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