When to join future employer

D

dhirendra_sh

Registered Users (C)
Hi ,
I am working for my current employer since 06/2003 and my labor was filed in 2003 and got approved in May/2007.I have NOT filed I-140 and I-485 thru my current employer.


I filed I-140 using labor substitution through FUTURE employer last year.It got approved in March of this year.I filed I-485 based approved I-140 for FUTURE employer in MAY/2007. Got EAD in June/2007

I am still working for my current employer.When should i join FUTURE employer ?

Thanks
 
Here is what I got based on the information furnished on your mail: Since your future employer has initiated the GC process, you can join them anytime (assuming that you abandoned the GC process from your current employer).
 
Since labor thru the current employer was approved in May/2007 , I can still file I-140 thru my current employer.I think they USCIS allows a person to file I-140 upto 180 days after labor approval.

I was thinking of waiting 180 days after the I-485 Notice Date and then switch to the FUTURE employer. Is my assumption correct ?
 
Hi ,

Thanks both you guys in taking time to respond.

But is it safe to join the FUTURE employer right now ?

Following two points :

1). I hear people say that once 180 days have passed after the I-485 Notice Date applicant is SAFE.I don't what is meant by "SAFE" here.But this is what I have heard.

2). I have backup in GC processing through my existing employer with whom the labor priority date is June/2003 (EB3).

With FUTURE employer labor prirority date is May/2001 (EB2).
 
The 180 day rule is applicable for invoking AC-21 portability. As per my understanding this isn't applicable to your case.
 
Should i switch to the FUTURE employer right away ? Or to keep things SAFE apply for I-140 through my existing emplyer and wait for the green card to come and then join the FUTURE employer.

The reason for filing I-140 through my CURRENT employer is to apply for 9th year H1-B extension.My current (8th year) visa expires in March/2008.So, if I have to continue to work for my CURRENT employer , I probably have to file I-140

Please let me know your thoughts.
 
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