When is it okay to change job after I-140 is approved?

[sunshineforever]

Hi, Can employers pull out the green card application if employees leave company? I have waited 6 months after my I-140 was approved. I heard one can leave the employer and go to a new job after waiting 6 months after I-140 approval. Otherwise there is a risk of employer revoking/or in someway getting the green card process in trouble. I want to know when is it okay to change job in the green card process? could someone throw some light.

[Attorney_15]

The law provides that when an I-140 petition is approved and remains approved for at least 180 days, if the petitioner does not submit a withdrawal of the I-140 petition until after 180 days after approval the beneficiary can still enjoy certain benefits using the I-140: the priority date, extensions of H1B status, and the H4 EAD Card based.  However, one is no longer able to file the I-485 based on such a withdrawn I-140 petition. 

[sunshineforever]

On 7/11/2023 at 11:03 AM, Attorney_15 said:

The law provides that when an I-140 petition is approved and remains approved for at least 180 days, if the petitioner does not submit a withdrawal of the I-140 petition until after 180 days after approval the beneficiary can still enjoy certain benefits using the I-140: the priority date, extensions of H1B status, and the H4 EAD Card based.  However, one is no longer able to file the I-485 based on such a withdrawn I-140 petition. 

Thanks for that information!

so if employer withdraws I-140 before 180days of approval - none of the benefits apply (priority date, H1B extensions, H4 EAD, I-485)

but if employer withdraw after 180days of approval -  beneficiary CAN use priority date, H1B extensions, H4 EAD, but can NOT file I-485, that means I will have to just get I-140 filed again with the new company, and then after approval of it, the new employer can file I-485, correct?

[JoeF]

On 4/25/2024 at 8:27 AM, sunshineforever said:

Thanks for that information!

so if employer withdraws I-140 before 180days of approval - none of the benefits apply (priority date, H1B extensions, H4 EAD, I-485)

but if employer withdraw after 180days of approval -  beneficiary CAN use priority date, H1B extensions, H4 EAD, but can NOT file I-485, that means I will have to just get I-140 filed again with the new company, and then after approval of it, the new employer can file I-485, correct?

An I-485 is filed by you, based on the underlying I-140.

[sunshineforever]

On 4/26/2024 at 10:20 PM, JoeF said:

An I-485 is filed by you, based on the underlying I-140.

thank you