Want to change employer I 140 in process

[decent_luvin]

I came in USA about 2 years back on my first H1 and My employer placed me at a County job as a software consultant.In october 2004 my employer filed for my labor under the old system in EB3 category.As the old labor was not showing any signs of getting approved due to backlog So my employer filed a new labor for me under PERM in EB2 category in october 2005.This PERM labor got approved pretty fast and about a month back my employer filed my I140 based upon this new labor.So I 140 is still in process.
Now the Client for which i am working (i.e. County) wants to hire me as a permanent employee.Now i am in a dilemma what should i do.I should join the County or not. I also found two interesting rules by searching on the internet which are
1.If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.
2. A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage).

does rule 2 means County does not need to file a fresh labor for me if i join them as i will be doing the same job and in same location and for almost same salary.if yes how will the labor will be transferred from one employer to other employer.
Also i feel i will still get the Priority date if my I 140 gets approved before i join County.

thanks in advance for any guidance on this matter.

 

[gc_2006]

No, what you are talking about is the AC-21 180 day portability rule. This rule doesn't t apply to I-140 but requires you to have I-485 pending more than 180 days to get the benefits you outlined. If you change the employer after having I-140 filed or approved you need to start the whole process over again.

2. A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage).

does rule 2 means County does not need to file a fresh labor for me if i join them as i will be doing the same job and in same location and for almost same salary.if yes how will the labor will be transferred from one employer to other employer.
Also i feel i will still get the Priority date if my I 140 gets approved before i join County.

thanks in advance for any guidance on this matter.

 

[gseries]

1.If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.

You have to wait untill I-140 is approved. But even if its approved and you change the job, the employer has a right to revoke the previous approved I-140. So you have to start all over again.

 

[decent_luvin]

Are you sure rule 2 is with respect to AC21.I am asking this bcos i found the rule 2 in the following context.here is a full text from where i found that rule 2.

CHANGING EMPLOYER BEFORE I-140 APPROVAL
If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage).

So here this rule comes under the category of Changing employer before I140 approval So does it mean it is referring to AC21 which comes after I 485 is filed.
Please clarify..........

 

[nikkasingh]

Decent luving

This also assumes your previous employer doesnt object to continuing with the previously filed 140.

I suggest this is a matter to be discussed with a competent attorney.

 

[srignram]

Interesting

I came in USA about 2 years back on my first H1 and My employer placed me at a County job as a software consultant.In october 2004 my employer filed for my labor under the old system in EB3 category.As the old labor was not showing any signs of getting approved due to backlog So my employer filed a new labor for me under PERM in EB2 category in october 2005.This PERM labor got approved pretty fast and about a month back my employer filed my I140 based upon this new labor.So I 140 is still in process.
Now the Client for which i am working (i.e. County) wants to hire me as a permanent employee.Now i am in a dilemma what should i do.I should join the County or not. I also found two interesting rules by searching on the internet which are
1.If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.
2. A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage).

does rule 2 means County does not need to file a fresh labor for me if i join them as i will be doing the same job and in same location and for almost same salary.if yes how will the labor will be transferred from one employer to other employer.
Also i feel i will still get the Priority date if my I 140 gets approved before i join County.

thanks in advance for any guidance on this matter.

I assume that you have not filed 485 without that you can not carry anything by changing your employer.Only one thing that you carry is your PD that too your 140 should have got cleared and you need to have a copy of approval.

 

[decent_luvin]

I feel nikkasingh is right .I should consult with a competent lawyer as nobody so far seems to be sure about the rule I am referring.Anyway guys thanks a lot for your attention on this matter.

Decent luving

This also assumes your previous employer doesnt object to continuing with the previously filed 140.

I suggest this is a matter to be discussed with a competent attorney.

 

[gc_2006]

The rule you have quoted is not under "continuation of GC after leaving sponsoring employer", but under "PD date transfer discussion of I-140". Further it is very confusingly written so as to mislead you into thinking you can do something with an approved I-140 (other than PD transfer). I had talked to my attorney last year when my company closed down while we were in GC filing (I-485 pending). He said the only way I could continue would be if I-485 had been pending 180+ days. Otherwise - game over and restart GC (& I-140) with a new company.
Also read: http://www.alanleelaw.com/english/articles/a2005-06-19.htm

There wouldn't be a need to talk about AC-21 and I-485 pending 180+ days if you already could port the approved I-140 by itself. Hope this helps.

I feel nikkasingh is right .I should consult with a competent lawyer as nobody so far seems to be sure about the rule I am referring.Anyway guys thanks a lot for your attention on this matter.