need urgent help...!!!...can i change my employer after applying I140?

S

someonenew79

Registered Users (C)
I got my LC aprved and filing my I140 this week..

now i want to change my employer very badly. at any cost i don't want to fileI485 through him

1. do i need to wait till my I140 aproval?
2. I don't have a copy of LC ..even then can i change my employer?

how exactly this works ...with new employer ...plz give me your suggitions before i move on!!!!
 
I guess you have to wait till you got I140 + 180 days, otherwise you have to do LC all over again, because your boss can withdraw sponsorship within 180 days after 140.
You can make sure with your lawyer.

Work is to get you through GC, hang on man. I m still wait LC, 238 days and still counting.......cheer up all
 
I know this is tough, but can you stick it out for the next six months? Will your employer keep you for the next six months? Look at the big picture say five or ten years down the road. Will the sacrifice for six months be worth it?
 
I-140 needs to be approved and I-485 pending for six months in order to start AC21 process.
If he is not current he can't even apply for I-485.

What category you are? EB? What country? If you are EB3 and from one of the retrogressed country it could be years before you can even apply for I-485.
 
Your I-140 (with company A) would have to be approved and then you would need to obtain a copy of the I-140 approval notice which shows your priority date/etc. Since I-485 numbers are not available, your best bet would be to file a new PERM case with your new employer (company B) and then do an I-140 recapture (with which you file your I-140 using the approved PERM with company B but include a copy of your I-140 approval notice with company A.) That way, you can secure your old priority date (company A's date) with your new employer (company B.) Unless your employer isn't paying you or is physically abusing you, I'd recommend what everyone else says - stick it out until the I-140 gets approved.

Good luck,
St4r
 
Someone new - has your LC only been filed & pending for 238 days?! That's nuts!! Your employer/attorney should be calling/faxing/emailing the DOL regularly as that is VERY NOT normal. Did you have an audit? A request for reconsideration?
 
st4rguitar said:
Your I-140 (with company A) would have to be approved and then you would need to obtain a copy of the I-140 approval notice which shows your priority date/etc. Since I-485 numbers are not available, your best bet would be to file a new PERM case with your new employer (company B) and then do an I-140 recapture (with which you file your I-140 using the approved PERM with company B but include a copy of your I-140 approval notice with company A.) That way, you can secure your old priority date (company A's date) with your new employer (company B.) Unless your employer isn't paying you or is physically abusing you, I'd recommend what everyone else says - stick it out until the I-140 gets approved.

Good luck,
St4r
Click to expand...

Are there any other clauses in order to change to company B and still retain priority date from company A ? Like, "The Job Title should be the same in company A and B", "Company A should not withdraw the GC application from INS", "Employee should stay with company A for 180 days after I-140 approval"?

Thanks a lot in advance.
 
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