No need for new i-140 after move

[green1234]

I have an approved i140 from company A.
Now I wish to move to company B by transfering H1 based on the approved i140 from company A.
Why would I require company B to file a new i140?
If company A does not withdraw the i140, then i should be able to file for 1485 myself(hiring a lawyer)
as the i1485 is an employee request for change of status and employer has nothing to do anymore after i140.
And yes, I do have the copy of the approved i140.

Is my understanding correct?

[Belle]

You can only file an I-485 based on I-140 from A if you have a job offer from A that you intend to take upon approval.

[omshiv]

I belive your understanding is correct. You can move to Company B and get your H1 extended based on Company A's approved I-140. Company B need not file for your PERM and I-140 if you do not intend to work with them long time. You can still file for your I-485 based on Company A's approved I-140 when your PD becomes current...and provided they do not revoke your I-140.

[JoeF]

I belive your understanding is correct. You can move to Company B and get your H1 extended based on Company A's approved I-140. Company B need not file for your PERM and I-140 if you do not intend to work with them long time. You can still file for your I-485 based on Company A's approved I-140 when your PD becomes current...and provided they do not revoke your I-140.

And provided that the job offer from company A still exists and is open to him, and he intends to take up the job with company A.

[green1234]

Thanks a lot for the responses. The only thing thats difficult to swallow is that USCIS expects a job offer to be available for 4-5 yrs till the i485 date becomes current.....hope the new bill attends to this issue. Actually in my case A is a big fortune 500 company and they may not support me back when needed at the time 485 date becomes current...

but thanks again for your inputs members

[Belle]

And to close the loop - This is why you need an I-140 from your current employer.

[santanu_nandi]

Hi All,

I am in similar situation. I am planning to join to company B( I have I-140 approved copy from company A for more than 180 days). However I am not sure if I will like company B for longer duration. So I have the following questions:

1. What will happen if I don't like company B and join company C after 6 months(say) of H1B approval? Can company C start GC filling with I-140 approved by company A?

2. Some people say I still need to have the Job offer from Company A. What does it mean? Why is it so important to have a copy of I-140 from the employer?

3. Does company B ( or for that matter company C) needs to start the PERM and I-140 process from the scratch once again?

 

Thanks in advance.

[tusharvk]

yes. generally they have to start from perm process.

If only 140 is approved, you can keep pd.

If 485 has been filed and pending for 180 days & 140 has been approved, generally, ac21 applies and green card process does not need to be started from perm onwards.