only 485 pending. portability issue

K

ksnm

Registered Users (C)
Hi,

Labor is cleared
EAD/AP/I140 approved

I140 approved on June 16 2003

I485 applied in May 2003 -- waiting...

If I use the 180 day portability law and I quit the current
company now, could the company in any way cause trouble for
me? Could they cancel the I140 approval?

Would there be any other problem also? If there is an RFE for
I485, is there any problem at that time?

Thanks.
 
This is what I feel..

You are pretty safe to switch job. I-485 is based on indivdual and doesnt involve the organization you work. Even if you work for the same org and get RFE, it would be your responsibility to take care of the rest.

Thing to consider,
- If you switch job and move to different location which belongs to different service center, you file might be moved to the new service center. It causes delay.

There are folks who know much better than me and could provide better answers. My .2 cents.
 
Last edited by a moderator:
ksnm:

I totally concur with m78768. If you plan to change jobs read every point m78768 makes in detail. Also make sure prior to leaving your company take 2-3 employment letters signed by your HR stating the job title, description and other details!
 
get copy of LC and I140

make sure you get copy apporved LC along with forms ETA 750 A & B which state your job descrition,Job code salary etc..

This will help you when responding to an RFE ( if you get one) about you employement letter with new Employer.

If you have copy of ETA 750 A & B then you can ask your new employer to give you the letter along same lines (assuming that your new job is "similar" or "same" as old one) .

Having copy/original of the Approved I140 would also be helpful if you get called for an Interview at local Service Centre.

Apart from that i don' t see any issues. You can change the jobs.

Actaully you can get all the copies (I140, LC, ETA 750A & B) from CIS by filing FOIA (Freedom of informaton Act) if your employer/lawyer is not willing to provide you the copies.

hmd
 
ksnm:

I concur with hmd and if i were you i would get your attorneys from new company involved right away with you GC process and make sure all documents from time time your first h-1b was filed with this gc sponsoring company to all documents related to your current GC process are transferred smoothly.

This is a job of your new attorney just make sure he/ she does it so as to avoid delay in case of RFE!
 
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