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UrgentQ

Employer Change

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I did concurrent filing in Sep 2016 and got i140 approved in March. 485 is still pending and my priority date is jan 2016. Now getting a good fulltime job offer. Is it safe to switch the employer as I have approved EAD and Travel document. Can I discontinue my H1B?

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You said you are in EB2 and that 6+ months have elapsed since filing concurrently.

First i would strongly recommend you get your I-140 receipt number, I-140 approved PDF copy,  I-485 receipt number. 

- If you change your employer, make sure your new employer will be filling to provide you with Supplemental Form J. If not i would not recommend.

- If you change your employer, you may not be able to file new H1. Your option would be to invoke AC21 (read 485 Form J aka Supplemental Form J). If your original employer withdraws your I-140 then it will result in an RFE when your EAD comes up for renewal. You will need copy of approved I-140 at that time. If your current GC sponsoring employer is not willing to part it with you , you could in trouble.

- Your current  GC sponsoring employer can withdraw or revoke your I-140. If you have a soft copy AND you have a valid USA employer to provide you with a full time position (or if you are in one such) then you are good.

- I would not recommend job change unless your future employer is willing to provide Supplemental Form-J. Explain to them what it is and ask them if they will be willing to sign one and provide you with original which you make a copy before sending to USCIS/DHS. 

- The job description should tally with (or similar to) what is in your Labor Certificate. Make sure you have your LC copy from your GC sponsoring employer.

- If you must leave your GC sponsoring employer , i recommend you leave in good terms. Make sure you get your I-485 original receipt from them before you leave. Even now it MUST be in your possession and not with your emplyer. It is YOUR application. Let then not give you stories and deny you what is your document.

- If you have 2-3 months on your hand i would do a FOIA and get LC copy, I-140 copy. If your employer refuses to give you with I-485 original then ask for full GC file (you may need to shell out $25 or so) and when they ask for reason you indicate your employer is unwilling to part with your I-485 receipt which is yours. Don't feel afraid to indicate it if you are applying for FOIA. AFAIK, for immigration related Notary you would need get an appointment with a County Clerk office and NOT from local notary. Looks like the rules of the game has changed recently.

 

Edited by submit2junk

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