Complex situation - Apply for I-485 and change employers in less than 180 days.

[Soltan]

I am applying for my I-485 with my current employer but within a matter of weeks I will be switching jobs to a new employer (on H1b visa). The reason for switching is a very probable impending lay off (its pretty evident as other employees are getting laid off).

Now my questions are
1) Given that my current employer does not cancel my I-140 application - what are chances of this I-485 being approved?

2) Also, is it advisable to start Green card process (perm, I140..) with my new employer given the iffy situation of the current I-485? If so, down the line is it ok to apply for another I-485 using the I1-40 from my future employer.

3) What are problems of having multiple I-485's on file?

I am hoping someone will shed some light on my situation. I have not had much success in understanding this even after reading several threads.

[fromnaija]

If you change employers within 180 days of submitting you I-485 application to adjust status, that application is no longer valid unless the previous employers agree that you can join them after you obtain green card.

In your specific situation and with impending lay off, it is better that you start a new green card process with your new employers. However, you may be accorded the earlier priority date on your old I-140 (even if the old employers withdraw their I-140).

[Soltan]

Originally Posted by fromnaija

If you change employers within 180 days of submitting you I-485 application to adjust status, that application is no longer valid unless the previous employers agree that you can join them after you obtain green card.

In your specific situation and with impending lay off, it is better that you start a new green card process with your new employers. However, you may be accorded the earlier priority date on your old I-140 (even if the old employers withdraw their I-140).

fromnaija, thanks for your answer. What criteria does uscis use to see that my then previous employer is still willing to take me in after I get my green card. Will USCIS ask for an Employment verification letter from that employer while processing my application? I would be sending an EVL now with my application, will USCIS ask for it again?

Please answer.

[thevital1]

Originally Posted by fromnaija

If you change employers within 180 days of submitting you I-485 application to adjust status, that application is no longer valid unless the previous employers agree that you can join them after you obtain green card.

In your specific situation and with impending lay off, it is better that you start a new green card process with your new employers. However, you may be accorded the earlier priority date on your old I-140 (even if the old employers withdraw their I-140).

@fromnaija I have PERM and approved 1-140, If I change employers and start with my GC process again, can I still retain my earlier PD even tough my old employer withdraws their old 1-140. Please let me know. Thanks.

[fromnaija]

Originally Posted by thevital1

@fromnaija I have PERM and approved 1-140, If I change employers and start with my GC process again, can I still retain my earlier PD even tough my old employer withdraws their old 1-140. Please let me know. Thanks.

Once you have an approved immigration petition (I140, in this case), the PD is your to keep even if the employers later withdraws the petition. I think the only case where you may lose the PD is if USCIS revoke the approval due to fraud.

[fromnaija]

Originally Posted by Soltan

fromnaija, thanks for your answer. What criteria does uscis use to see that my then previous employer is still willing to take me in after I get my green card. Will USCIS ask for an Employment verification letter from that employer while processing my application? I would be sending an EVL now with my application, will USCIS ask for it again?

Please answer.

Don't forget that your approved I140 is for a future employment so you don't necessarily have to be currently working for the petitioning employer. So, yes if the employer is willing to certify to USCIS that they are going to employer on your GC approval, you don't hve to currently work for them. The mechanism of that certification to USCIS includes (but not limited to), answering all request for evidence, ability to pay issue, etc.

[drno007shad]

I have a PERM and I140 approved for a future employment and also have filed I485 recently for adjustment of status before retrogression for Indians and Chinese. My priority date is April 2010. I have received EAD.

I am currently on my 6 th yr H1B. I am planning to work for my GC sponsoring employer once GC is approved. Employer is also willing to take me once GC is approved. The Employer is willing to certify to USCIS if needed that they are going to employee me on my GC approval.

Can I extend my H1 (beyond 6 yrs) for my current job based on pending I485 application.

What are the chances of my I485 approval since I am currently not started working for my GC sponsor and not planning to work until GC is approved.

if I don't work for my GC sponsoring employer - Can I withdraw I485 application and my new employer file labor and I140 and port my priority date from previous I140.