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 on 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
 
upon GC approval

Since the job is for future employment, you should have intentions to join within a 'reasonable' period upon getting a GC.
USCIS is assuming that the job offer will be honored after you get the GC, and the same is the intention of you, and your future employer.
Upon receiving your GC, you may choose not to join them, or they may not have a job for you then. In this case, you will not join them. There is no problem with this except some 'potential' issues when you file for citizenship.
As long as you join / maintain a same/similar job in the same/similar field, you should not have any problems/issues.
 
Hi ,

Thanks both for 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).
 
dhirendra_sh said:
Hi ,

Thanks both for 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.

You can join the future employer anytime you want to. If you leave the current job before 180 days have passed and before 140 is approved, you may lose a chance of getting that 485 approved. But, you 485 with the future employer will be okay and also you have an older PD.
As long as you will have the job with the future employer AFTER you get your GC, you should be fine.

2). I have backup in GC processing through my existing employer with whom the labor priority date is June/2003 (EB3).
USCIS will most likely be able to find out that you have two applications for AOS. When they do, they will ask you to withdraw one while keeping only one alive. You are better off keeping the one with the oldest PD and this becomes especially important if dates are going to be retrogressed.
If you leave the current employer before 140 approval, and before 180 days have passed since the RD, you may not be able to invoke AC21.

With FUTURE employer labor prirority date is May/2001 (EB2).
Click to expand...
Good Luck!
 
dhirendra_sh said:
Should i file the I-140 under premium through my existing employer right now ?
Click to expand...

That is a good idea, but not sure whether PP is opened yet. When I read it last, it was suspended.
So, I am not sure whether you will be able to apply for PP for I-140 now. You will have to wait for the USCIS to allow PP again, and then you should apply immediately.
So, until then you will have to wait as you don't have any other option. Also, after 180 days have passed, you still need to wait until your I140 is approved for you to ride the AC-21.

Now I am really confused. If you are going to join the future employer who has sponsored your GC (filed LC, 140, and AOS), why are you asking of wait period? You can join them anytime you want to.

Please contact your attorney for a professional advise as well.
 
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The only reason to wait for 180 days which I have i my mind is :

---If something wrong happens to my I-485 thru FUTURE employer then I have a FALLBACK to my current employer


Please let me know your thoughts..
 
I am not looking for AC21 which I believe means porting I-485 to another employer...

I DO INTEND to join the FUTURE employer as soon as it is perfectly SAFE
 
dhirendra_sh said:
The only reason to wait for 180 days which I have i my mind is :

---If something wrong happens to my I-485 thru FUTURE employer then I have a FALLBACK to my current employer


Please let me know your thoughts..
Click to expand...

In which case, you will need your approved 140 through your current employer as well. And after both (180 days, and approved 140), you should use AC-21 to join future employer.
This is tricky... please contact you attorney, or some senior members like Jacko, TheReal, Ginnu, etc.
From what I understand, how can one say whether or not something is perfectly safe?
If you plan on joining them, perfectly safe would be to wait until GC is approved through them, and then join them. If that is what you mean.
 
Kind Attn :Jacko, TheReal, Ginnu (Review my question history)

Hi ,

If you get to see this , please let me know your thughts !
 
Thanks adekhne !

I have another question, my I-140 approval notice was received in the postal mail in March/2007. But to this day, it shows up as pending on the USCIS website (www.uscis.gov) , what should i do ?
 
dhirendra_sh said:
I am not looking for AC21 which I believe means porting I-485 to another employer...

I DO INTEND to join the FUTURE employer as soon as it is perfectly SAFE
Click to expand...

Basically All the Jobs in green card process are meant for future.

If you are not ready or unable to exercise AC-21 (Say Your Green card gets approved prior to 180 days) You will have to join soon after approval of your Green card .
 
dhirendra_sh said:
Thanks adekhne !

I have another question, my I-140 approval notice was received in the postal mail in March/2007. But to this day, it shows up as pending on the USCIS website (www.uscis.gov) , what should i do ?
Click to expand...


Do not worry.


This is happened to several people on the different applications.
On line System is not acucrate.
 
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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