I-140 approved for more then 180 days. Can I change my job?

[santanu_nandi]

Hi All,

I am in a crucial 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) need to start the PERM and I-140 process from the scratch once again?

4. What will happen if I change to company B and assume the GC process will not be started by that time and my PD is current. At that time can I start apply for EAD using I-140 by company A?

 

Thanks in advance.

[geethb]

Hi santinx

Please find my response below.

 

Thanks,

Geeth

 

 

Hi All,

I am in a crucial 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?

They would need to start from Labor

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?

This is needed if you want to go back to 'A"

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

Yes

4. What will happen if I change to company B and assume the GC process will not be started by that time and my PD is current. At that time can I start apply for EAD using I-140 by company A?

Only if 'A' has not withdrawn your 140 & A is ready to file 485 even though you work for 'B'

 

Thanks in advance.

 

 

[Belle]

You can change the job any time. Changing the job and filing a green card are two aboslutely different matters.

 

It seems like you are missing the whole point of the process. Green card is largely separate from your H1 and work in general (until you actually get the green card). A company sponsors you so you can take thier job through I-140. You are supposed to take it after your green card approval (card in hand). If that job disappears, you need to find a different sponsor, who will sponsor from square one.

[cap-gap]

you can use your previous 140 only if it is not revoked when you quit the company..the 180 day rule is for people who applied for 485...not just 140..

[pontevecchio]

The approved I-140 is specific to the company which filed it . Each subsequent GC sponsor needs to go through the whole process including PERM etc. though you would ordinarily retain the Priority date of the I-140 even if that I-140 were to be revoked....except for fraud.

[ksribhas]

If you have not filed for your I-485 ( which looks like ) , the number of days  that elapsed after the I-140 approval is not relevant.

 

When you have an approved I-140, the best thing that can happen is a new employer can request porting of the priority date when they file their I-140 on your behalf.

 

They can file I-140 after they have a new labor approved for you ( assuming you are not in a situation which does not require labor certification).

 

If the approved I-140 is revoked by the previous employer for reasons like fraud or misrepresentation , you CANNOT retain the old priority date. If it is withdrawn for any other reason like - no job offer, employee leaving the organization etc .... you CAN retain the priority date.

 

Coming to your questions :

 

1) Whether it is company B or Company C , they have to start your GC process from scratch. At the time of they filing their I-140 , they can request USCIS to consider your earlier approved I-140 for priority date purposes ( technically called porting of priority date)

 

2) Job offer from employer A is only required if you still intend to go back to them . You technically do not need an approval copy. The receipt number information is sufficient. You can even raise an FOIA request to get the approved I-140 details.

 

3) Yes

 

4) You can start applying for EAD from company A provided the job offer from them is still open/valid

 

 

 

[cap-gap]

you can use your previous 140 only if it is not revoked when you quit the company..the 180 day rule is for people who applied for 485...not just 140..

 

clarification--revocation of 140 by your old firm does not affect your PD..

[tusharvk]

The rules are grey in this area; revocation of 140 may cause loss of pd; so involvement of attorney may be useful.