Switching Jobs after I-140 approval

A

arena3213

New Member
Hi,
I have a PD of Sep 2007, I-140 EB2 approved and 485 still not filed. I am on my H1B and have 3 years remaining on it.
I am planning to switch from company A to Company B. I am aware if i switch that i have to start GC process all over again(i.e. labor stage, I-140) but i want to maintain my PD.

I have concerns over my the following question. Any help will be greatly appreciated.

1. Does the new job i plan to join should have the same job description and salary. My new job will have a much higher salary.
2. Is there any other limiting factor which i should be aware of.
3. If in future i plan to go back to my Company A, can i start the process where i left.



Thanks!
H1B - 3rd year
PD - Sep 2007 - EB2
140 - Approved August 2008
485 - Not filed
 
Reusing your own PD after 485 withdrawal

No replies anyone!?

I am also in a similar situation :(--

My labor, 140 and 485 were filed as a software engineer, and my PD is July 2007. Now I 'd like to change my role to marketing (which is totally different).

1. Can I withdraw my 485, and still use my old PD when I refile it? (the old PD is based on the labor of a Software Engg).

2. If yes, what is the process? I have only the front page of the 140 copy. Will I need to refile both the labor and 140 for my marketing role?

I 'd greatly appreciate any response! Thanks, and good luck to you all!

Sid
 
I am in the same situation

Did you get an answer for this? please post whatever info you could get on this

jan 2007 - PD
i-140 approved
i-485 not filed
changing jobs - similar role
 
similar situation here

PD - Nov.07
I-140 - approved
I-485 - not yet filed

am not actually changing job but considering having 2 jobs. I will keep my original job (that sponsored my H1B and I-140) but only on a part-time basis. The new job, which is of the same position and field, will be my full time job. I know H1B statutes allow me to be employed by 2 companies as long as another I-129 is filed by the other company. But how is it going to affect my I-140 since I will be rendering a part-time job for the employer that petitioned me for permanent residency?

btw, this is already my 7th year as H1B holder. the second H1B term was granted based on my approved I-140.
 
Hi All,

I think nobody faced this kind of situation, if you know any just share the information, experiences with me.
My I 140 approved from Texas Service Center in August 2008. Then later it was moved to Nebraska Service center as my 485 is in NSC. Now I changed my employer as it was already 1 year passed from the date we filed 485 and my current employer has filed H1 for me and it was approved. I received the H1 documents. Even my earlier employer is co-operative and said no problem.

Now out of blue I received a mail from USCIS saying that they sent a RFE on 140.

"Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Request for Additional Evidence Sent"

What does this mean? Does this mean that they re-opened approved 140 and verifying it?
Is it possible that after 140 approved by TSC then NSC will again process that?

I am waiting for more information from my earlier attorney.

Can the experts give their suggestions on this?

Thank You,
 
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