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  • Changing jobs (new company) while 485 still processing

    Hi all,

    I am thinking of changing jobs in the near future, for a new employer in the US. Currently I am on an L1A visa, and applied for I485 under EB-1

    Our timeline is:

    Jan 2021: Full package sent (AP, EOD, Medical etc)
    April 2021: Fingerprints taken
    Aug 2021: Case transferred to a new office (Texas), which is not our local office, live in FL.
    Oct 2021 Combo cards in hand (I766)

    What I can read, is that this might take a while for the CG to be approved. :-(

    I have no idea of the status of I-140...

    Anyway, I am looking for a new job, and was wondering if you would have any concerns about this. The new position will be at an executive level, so at least at the same level as I am on now, but with more responsibility.

    The lawyer we are using is hired by my current company's HR, so I would necessarily ask them, which I why I am asking here. Also, could I hire that lawyer personally, without them going to my employer, before giving my resignation? thoughts?

    Thanks

  • #2
    Is your I140 approved (or) which center is your I140 filed at?

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    • #3
      Originally posted by par_rathin View Post
      Is your I140 approved (or) which center is your I140 filed at?
      I think it is submitted to Texas service center. I have no idea about the I-140, who knows that, I dont think there is a "MSC..." number for that, right?

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      • #4
        Originally posted by Triphelp View Post

        I think it is submitted to Texas service center. I have no idea about the I-140, who knows that, I dont think there is a "MSC..." number for that, right?
        There would be a USCIS receipt number for your I140 as well. It's like any of your other applications and can be tracked separately. What I don't know is, if you can go to a new job with your current 485 if the underlying I140 hasn't been approved for more than 6 months. I'll let the experts in this group comment.

        I also believe you will be able to get the I140 but reaching out to USCIS.
        | This is my personal opinion and is not to be construed as legal advice |

        Comment


        • #5
          Originally posted by Triphelp View Post
          Hi all,

          I am thinking of changing jobs in the near future, for a new employer in the US. Currently I am on an L1A visa, and applied for I485 under EB-1

          Our timeline is:

          Jan 2021: Full package sent (AP, EOD, Medical etc)
          April 2021: Fingerprints taken
          Aug 2021: Case transferred to a new office (Texas), which is not our local office, live in FL.
          Oct 2021 Combo cards in hand (I766)

          What I can read, is that this might take a while for the CG to be approved. :-(

          I have no idea of the status of I-140...

          Anyway, I am looking for a new job, and was wondering if you would have any concerns about this. The new position will be at an executive level, so at least at the same level as I am on now, but with more responsibility.

          The lawyer we are using is hired by my current company's HR, so I would necessarily ask them, which I why I am asking here. Also, could I hire that lawyer personally, without them going to my employer, before giving my resignation? thoughts?

          Thanks
          It seems you have typed hastily.. there are some missing words.. I am assuming you are not comfortable in asking your company HR.

          You might have received a receipt notice for I140 which will have receipt number. That will help you to know which center your application has been sent. You can check with your attorney as well.
          Based on what i read in other forums, it is always safe to leave after I140 has been approved. If you get RFE and you are with new employer, Do you know if your old employer will co-operate in providing details?
          If anything happens on your I140 application, your AP and EAD is considered as void as it is based on your Permanent resident application. I hope your new employer will file new L1/H1 or another I140 application as soon as you start working from there.

          Get a paid consultation from some immigration lawyers. They may charge you $200 for 30 mins or so but is worth paying them to get those words of wisdom...
          Good Luck!


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