Starting New GC process after 485 with old employer


muraliravi1983

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Hello,

 

I worked for Employer A from May 2006 to Sep 2013 and Have a PD of June 2008. I filed my I485 with the same employer in Feb 2012 when the dates became current. I then switched jobs in Sep 2013 in a completely different field with a different job function (I had completed an extra degree and wanted career advancement).

 

Since the job was different, I decided not to use my EAD and I had me new employer (Employer B) file a H1B for me. Since I had an approved I-140, I was able to get a 3 Year extn which is now valid till Sep 2016.

 

Now what should I do w.r.t my Green Card. My new employer (Employer B) is willing to start afresh my green process if required. I mean my 2 jobs are drastically different and there is no way my current employer can furnish a letter to USCIS and state that my current job is similar to what is in my approved I-140 with my previous employer. I expect my dates to be current around Aug 2014.

 

If USCIS sends me an RFE in Aug 2014 asking for an EVL, what should I do, Should I tell them that I no longer hold that previous job and hence I withdraw my I-485? Will that lead to USCIS revoking my approved I-140 from employer A. My Employer A is a very amicable person and will not do anything to my application on his own accord. But can USCIS revoke the old I-140 if I cannot furnish an EVL from my old employer?

 

If that is the case should I pro actively withdraw my I-485, so that at least I have my approved I-140 intact, just in case I get delayed in getting a new i-140 with my new employer. The old I-140 can help me in H1 extensions and stuff if needed.

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Get a consultation with a lawyer. My advice would be to let the I-485 run, and try to get a new LC/I-140 going ASAP, so you have a new I-140 ready at the time your PD is current. This way, your I-485 gets switched to the new I-140, and it's less work for you and the USCIS.

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Get a consultation with a lawyer. My advice would be to let the I-485 run, and try to get a new LC/I-140 going ASAP, so you have a new I-140 ready at the time your PD is current. This way, your I-485 gets switched to the new I-140, and it's less work for you and the USCIS.

 

Thank you Belle,

 

I will get a consultation with our lawyer asap.

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