Approved I 140. Changing Employer. Can I still file I 485 with employer who has my approved I I40?


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I've my I 140 approved. Now I'm changing my employer via H1b transfer. My current employer is retaining the the I 140 and is not revoking it. Do I still have to process GC with my new employer again?

Can I come back to my current employer when I get the priority date and file I 485? How safe is this option?


Sam k

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The H-1B governs one's current status while the GC application is for a future job. An individual can work for Company B in valid H-1B status while Company A continues to sponsor him or her for the green card. Such a person would need to join Company A upon approval of the I-485 at the latest. It may be prudent to have Company B file a new PERM application and I-140 petition on behalf of the individual just in case Company A decides, at some point in the future, that it can no longer sponsor the individual for the green card.

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Dear Attorney,

Then in that case the H1B employee will be submitting latest pay-stubs from company B while filing his/her 485 for Company A. Is it acceptable?

Also you mentioned that the employee should join company A as soon as his/her green card is approved. Right?

In that case is it required to notify USCIS or DOS of change in employment?

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