S321 Posted September 3, 2021 Report Share Posted September 3, 2021 I had an approved EB2 for 15-Nov-2011. Last year, I applied to transfer to EB3 and filed I140+I485 concurrently. Last February I got EAD+AP combo but EB3 I140 was approved yesterday (only after blowing bunch of money on premium processing and responding to RFEs for couple of months). At this moment, EB2 I140 cease to exist. Now I got a very interesting job offer today. Questions: 1) When can I leave without repercussions from immigration? Yes, there is a 6-12 months of wait period but I think that is from the date of filing I-485, 11 months passed since then. Please correct me if I am wrong. 2) What is the impact on subsequent approval of I485 (and medical RFE)? I know I am current now, but given USCIS efficiency, I would not bet on receiving the coveted card before next year. 3) If I want to visit India by December, should I be worried? I have stamped H1 and a valid AP, but still, I need to run it by others. Quote Link to comment
JoeF Posted September 7, 2021 Report Share Posted September 7, 2021 An I-140 is never transferred. If you leave the company after 180 days of the I-140 approval you can reuse the PD. A new employer would always have to start the process from scratch. Quote Link to comment
S321 Posted September 7, 2021 Author Report Share Posted September 7, 2021 Thanks for the reply. I know that I140 can not be transferred. But I already got an approved EAD about 8 months back. What is the use of it if I can not use it to change jobs? My understanding was that wait period is related to filing of I-485. Is that incorrect? Quote Link to comment
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