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I485 Pending - Looking for job Change

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  • I485 Pending - Looking for job Change

    Hi,

    My priorit date is Nov 2006 with I 140 approved and I 485 pending since Aug 2007. I am still using my H1 visa as I got married recently and my wife is on H4.

    1. Can I switch my job on H1 now without affecting my GC process? If yes, then do I need to do anything to get the GC process transferred to new employer?

    2. Does my current employer has any authority to revoke the process? Infact, he is threatening me on this.


    Pl. respond.

    Thanks,

  • #2
    Seniors,

    Pl. respond to my concern.

    Comment


    • #3
      1. Read about AC21 (neufield memo) I posted a link today on another thread this morning.
      2. No

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        From the Foreign Affairs Manual http://www.state.gov/documents/organization/87863.pdf

        9 FAM 42.53 N3.6 Subsequent Petition in Employment-based Classifications
        (CT:VISA-1128; 12-03-2008)

        a. Unless revoked pursuant to 8 CFR 205.2 for fraud or misrepresentation, a
        priority date accorded by approval of an employment-based first, second, or third preference petition is retained by the beneficiary for any other first, second, or third preference petition approved subsequently for the same beneficiary. In all cases, the beneficiary of multiple petitions is entitled to the earliest of the filing dates of the various petitions.
        b. Subsequent petitions need not be from the same petitioner or for the same type of employment. However, where the applicant is no longer proceeding to work for the first petitioner, it would be reasonable to make inquiries to determine whether the first petition had been revoked. (See 9 FAM 42.53 Exhibit II, 8 CFR 204.5e.)
        c. A priority date established in the employment-based first, second, or third preference category is not transferable to employment-based fourth or fifth preference petitions or to a family-sponsored petition.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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