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-   -   I-140 Pending and Changing Employer (https://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/17388-i-140-pending-and-changing-employer.html)

ddraj2015 02-16-2008 05:20 PM

I-140 Pending and Changing Employer
 
All,

My I-140 has been filed (through my Employer) in Dec 07 and it is still pending. I am planning to move a new company. My employer with whom my I-140 is still pending is fine with this and he promised me that he will continue to process my GC (i.e. 485). I payed all the expenses for my LC and I-140 with my Employer. So he doesn't have any issue with continuing my GC. Do you see any issue in this? Please let me know. My PD is July 07.

Thanks.

sravankind 02-16-2008 07:44 PM

I-140 Pending and Changing Employer
 
GC is future employment If your employer allows to go and if he continues the GC process nothing to worry go head and change whatever you like

I am not lawyer just giving my opinion

Omm 02-19-2008 02:38 PM

I140 pending and Job change , employer not Cooperating
 
Hi,
My labor is approved and I 140 currently under pending, I have seen that the consulate is processing I-140 s from August 2007 in Nebraska, while mine was filed on Dec 10 2007. I am planning to take a full time job from consulting as I think its a good oppertunity, when markets are moving towards recession and based on advices from Immigration voice members. But current employer says he is going with draw my I 140 petitions, H1 etc. And wants 2 weeks notice once I transfer H1 B. All I want is a PD I am sure some one should have had a similar scenario, Is there a way I can perfect my PD, I am aware that I have to start any how from scratch with GC but is there a way at least the PD? Please advice

Thanks

kaisersose 02-19-2008 02:46 PM

Quote:

Originally Posted by Omm (Post 224789)
Hi,
My labor is approved and I 140 currently under pending, I have seen that the consulate is processing I-140 s from August 2007 in Nebraska, while mine was filed on Dec 10 2007. I am planning to take a full time job from consulting as I think its a good oppertunity, when markets are moving towards recession and based on advices from Immigration voice members. But current employer says he is going with draw my I 140 petitions, H1 etc. And wants 2 weeks notice once I transfer H1 B. All I want is a PD I am sure some one should have had a similar scenario, Is there a way I can perfect my PD, I am aware that I have to start any how from scratch with GC but is there a way at least the PD? Please advice

Thanks

The only way to own the PD is to have an approved 140. There is no other way.

And how is a permanent job better than consulting during recession? if anything, it is the other way around. All the more true if your GC processing is underway.

som_yad 02-19-2008 03:26 PM

Where did you see 140 processing date ?
 
Quote:

Originally Posted by Omm (Post 224789)
Hi,
I have seen that the consulate is processing I-140 s from August 2007 in Nebraska, while mine was filed on Dec 10 2007.
Thanks

Where Did you see Aug 2007 for Nebraska SC ?
For EB1 and EB2 their processing date is Jan 2007.

Omm 02-19-2008 03:35 PM

The processing dates metioned are right but please do also check what they are currenlty processing at
http://www..com/usa-immigrat...s/i140-tracker
i cannot say it is right but gives you an idea.

Omm 02-19-2008 03:42 PM

Graph
 
This graph might help you based on dates and classification
http://www..com/usa-immigrat...rs/i140-graph/ or you can go here and see I dont know where they get the data from but is resonalble..
http://www.immigrationwatch.com/rout...y=rd&total=719

Please help me with my question

gin 02-28-2008 11:27 PM

I-40 and 485 pending
 
I filed my I-140 and I -485 on 08/08/07 concurrently..I still don't have my I-140 approved and looks I am gonna have to find a new job due to cut down of employees in my current employer...anybody have any ideas on what I can do if I want to work for other employer..do I need to let dhs know about this? I do have EAD and AP approved. Any ideas or help would be appreciated....Thanks.

Kodi 02-29-2008 09:45 AM

Even if the current employer is willing to continue with the GC process isn't it going to be a problem if you never work for that employer after receiving your GC? At the naturalization stage I mean.

skv 02-29-2008 10:23 AM

Please advise!
 
I'm on the same boat. Please can someone shed light on this ? Appreciated!



Quote:

Originally Posted by gin (Post 227180)
I filed my I-140 and I -485 on 08/08/07 concurrently..I still don't have my I-140 approved and looks I am gonna have to find a new job due to cut down of employees in my current employer...anybody have any ideas on what I can do if I want to work for other employer..do I need to let dhs know about this? I do have EAD and AP approved. Any ideas or help would be appreciated....Thanks.


glus 02-29-2008 12:20 PM

ac 21 and I140
 
Guys:
It is very risky to change jobs when 180 days have passed and I140 is not yet approved. If USCIS figures out that at the time you changed jobs, I140 was un-aprovable due to a major thing and RFE should have been issued, you may risk your I485 being denied. Search for this info. It is much safer if I140 is APPROVED at the time you change jobs using Ac21.

gcwait2007 02-29-2008 12:49 PM

Quote:

Originally Posted by ddraj2015 (Post 224160)
All,

My I-140 has been filed (through my Employer) in Dec 07 and it is still pending. I am planning to move a new company. My employer with whom my I-140 is still pending is fine with this and he promised me that he will continue to process my GC (i.e. 485). I payed all the expenses for my LC and I-140 with my Employer. So he doesn't have any issue with continuing my GC. Do you see any issue in this? Please let me know. My PD is July 07.

Thanks.

Hi ddraj,

If both your I-140 & I-485 are pending and if you use AC21, USCIS will process your GC as per the following guidelines contained in yates memo.

http://www.uscis.gov/files/pressrele...ntrm122705.pdf

The above memo is relevant to your situation.

skv 02-29-2008 02:32 PM

What if you loose job while I-140 is pending !!!
 
Thank you very much for your advise. What if you loose job while I-140 is pending !!! but I-485 passed 180 days, with EAD and Travel document.

Especially, during recession, this will apply to most of our folks. Thx.


Quote:

Originally Posted by glus (Post 227232)
Guys:
It is very risky to change jobs when 180 days have passed and I140 is not yet approved. If USCIS figures out that at the time you changed jobs, I140 was un-aprovable due to a major thing and RFE should have been issued, you may risk your I485 being denied. Search for this info. It is much safer if I140 is APPROVED at the time you change jobs using Ac21.


dhirajs98 01-09-2009 12:01 PM

Is it advisable to change job?
 
I applied for my I-140 on July 23rd 2007. It is pending since then. THe receipt date on USCIS in Aug 20th 2007. It was filed in (EB3) at NSC.

I have a perm job offer with a good company. They offered me this job in November with a joining date TBD and hoping that I will receive my I-140 by now and I can join them using AC21. But my I-140 is still pending and I am not sure what shall I do. I finished my contract and looking for another job at this time. My current consulting company is okay if I take the perm job but I am not sure whether they will support me if I receive any RFE on my pending I-140 or not.

I would like you get some suggestions from the experts in forum here who may or may not have not gone through this situation.

Please advise.

dhirajs98 01-09-2009 12:50 PM

Bump /\/\.../\/\
 
bump /\\/\\

Quote:

Originally Posted by dhirajs98 (Post 309669)
I applied for my I-140 on July 23rd 2007. It is pending since then. THe receipt date on USCIS in Aug 20th 2007. It was filed in (EB3) at NSC.

I have a perm job offer with a good company. They offered me this job in November with a joining date TBD and hoping that I will receive my I-140 by now and I can join them using AC21. But my I-140 is still pending and I am not sure what shall I do. I finished my contract and looking for another job at this time. My current consulting company is okay if I take the perm job but I am not sure whether they will support me if I receive any RFE on my pending I-140 or not.

I would like you get some suggestions from the experts in forum here who may or may not have not gone through this situation.

Please advise.



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