I-140 Portability? Need help to make critical decision..

[jsamson]

I just recently got my LC and my lawyer filed my I-140 last August 2005.

Now present conditions with present employer is not so good, in terms of treatment and quality of life that I go through everyday... because of retrogression, I decided to look for another employer for the same position that has possible career advancement in the future while waiting for GC to get issued.

New employer is willing to continue sponsorship for my GC application (H1B expires in 2007)...

Is I-140 Portable? Or do I need to start from the step 1 which is filing an LC for the new employer?

How fast can I transfer my H1B under new employer? And can I start working with the new employer while its in the process of getting transferred?

Travel Question - my H1B visa is not stamped on my passport, its issued here in the US on a piece of paper that I just staple with my passport, and I'd like to know if I can travel outside the US using this paper? It's been 5 years that I've been in the US, and I'd like to visit my home country even for awhile.


Please someone enlighten me on this issue as I need to decide by next week.

Thanks!!!

[drsaqib191]

To my knowledge, it is not possible to change the employer till six months after filing the I-485 (adjustment of status), which comes after I-140 approval. There may be cases though, if both the previous and prospective employers agree to maintain the status of application and the next job is very same.

You can travell outside USA with the H1-B paper but to get back you need stamped H1-B visa inyour passport.

[jsamson]

Thank you drsaqib191 for your reply on my last post. It's very enlightening... There's another issue I want to consider...

I accepted the new job (same position) with a new company who will be sponsoring my H1B and also my GC, and I've learned that I can continue with the processing of my I-140 (since it's already filed last August 2005) through my previous employer (worked for 5 years) and eventually will lead to Greencard application. And my former employer is OK with continuing my application. My questions are:

1. What are the consequences of having multiple applications for GC?

2. Do I need to continue being in the payroll of my previous employer while the i-140 application is in process or only when my application for i-485 (Adjustment of Status) has been approved? And for how long should I work for them (full time or part time)?

3. What's the best thing I can do to benefit on keeping my priority date and eventually getting my GC soon?

4. Can I just continue working with my new employer while waiting for Adjustment of Status from my previous employer?

5. What's the possibility of expediting all GC applications? The date retrogression made me lost my will to continue with my old application and continue with a new one where I can benefit and learn new skills and knowledge while waiting by getting new employment that I think will benefit my future.

Thank you for reading and I hope this issue also will benefit others with the same situation.

Best regards,

Jeff