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pls help.. i need a good advice

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  • pls help.. i need a good advice

    I-140 and I-485 filed last July 2007. ive been working with my employer for 8 mos. I-140 still pending. can i quit job for the mean time and go back to work again for the same employer once I-140 got approved? Employer is willing to push with my GC anyways and adviced me to be back once I140 got approved .

    is it ok if i dont work with my employer for the mean time while I-140 still pending? will there be any problem with this sceneario?

    i appreciate any advice.. thanks

  • #2
    If you quit your current job, you may not get the I-140 approval.

    Bacause you may get a RFE letter from USCIS asking your current job and ask your employer to prove they can pay your proffered wage. Employers face challenges by the USCIS Service Centers on the issue of their financial ability to pay the proffered wage. The current standard is rigid. Because of the rigid standards, the employers have been receiving denials of I-140 petitions on this issue.

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    • #3
      It depends more on what "visa" you are working for your employer on and what you are planning to do when you quit your job.

      Are you working on H1-B? If so, you can't take a "break" per se.

      Are you planning to take on another job here in the US after you quit your current employer? If so, it's not advisable to do so until your I-140 is approved.

      Generally speaking, wait for I-140 approval. If you are not in a position to do that, talk to an attorney.

      Srini

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