Question

D

dhirendra_sh

Registered Users (C)
Hi Guys,

This forum has always helped.I am thankful to everyone.


I have I-485 approved thru future employer but my I-140 is pending thru my current employer.


What should be done to pending I-140 ?
I am planning to join the future employer as soon as i can.But before leaving current employer i want to wrap up everything.

Thanks
 
What? You mean the I-485 is filed, not approved, right? I-485 can't be approved without the associated I-130/I-140 also being approved.
 
As I mentioned, I had I-485 filed thru future employer based on labor substitution and approved I-140 for that.

This I-485 got approved.

I am still working for my current employer thru which my I-140 was filed.

Now, since I have everything thru future employer, I am planning to join the future employer in next few days.


My question is what should i do / have my current employer do with that pending I-140 ?
 
If your I-485 is approved, there is no need to care about another I-140. Join the company that you used to get the I-485 approval and forget about the pending I-140. I-140 is owned by the employer and it's not your problem. If the other company doesn't withdraw it, USCIS should eventually realize you already have a green card and should cancel it with no effect on your green card.

Or if USCIS mistakenly approves the other I-140, it's never going to have an I-485 filed for it, so it will just rot somewhere.
 
Last edited by a moderator:
Congratulations on your 485 approval.

Give your current employer a courtesy 2 week notice.

As Jackolantern said, don't worry about their I140.
If they are on top of their processes, they will realize that you are leaving, and as a result they will cancel/withdraw the 140 petition.
If they don't take any action and just let it go take its own course i.e. get approval and rot somewhere; or get RFE and be denied etc. Either case, it won't affect you since you are not going to file an AOS with that 140.

Things that will affect you that you should try to cover are:
The last day of medical insurance coverage with the current employer.
First day of coverage at new employer.
Try to time your resignation at the current employer to minimize that gap.

Any unpaid bills that need to be taken care of? (Travel, training etc expenditure)
Any vacation time left.
Year end bonus payment.

Transitioning of your current tasks to your boss or your replacement.
 
Well said. About the things you need to worry about. You can forget USCIS, ex company for ever.
chitti007 said:
Congratulations on your 485 approval.

Give your current employer a courtesy 2 week notice.

As Jackolantern said, don't worry about their I140.
If they are on top of their processes, they will realize that you are leaving, and as a result they will cancel/withdraw the 140 petition.
If they don't take any action and just let it go take its own course i.e. get approval and rot somewhere; or get RFE and be denied etc. Either case, it won't affect you since you are not going to file an AOS with that 140.

Things that will affect you that you should try to cover are:
The last day of medical insurance coverage with the current employer.
First day of coverage at new employer.
Try to time your resignation at the current employer to minimize that gap.

Any unpaid bills that need to be taken care of? (Travel, training etc expenditure)
Any vacation time left.
Year end bonus payment.

Transitioning of your current tasks to your boss or your replacement.
Click to expand...
 
Hi Jackolantern, chitti007 , knowDOL,

You guys are simple amazing ! I am thankful to you and everyone else on this forum to always help anyone in the right direction !

Thanks,
 
You must log in or register to reply here.
Top