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Can I change job after I140 approval

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  • Can I change job after I140 approval

    My labor and I 140 are approved through my current employer. But i do not have approval receipt of I140 with me.

    Can I change the job and still keep the old green card process active?
    Or can the old employer revoke I 140 and use my PD for someone else?

  • #2
    Labor Certification and I-140 not available

    Hi Champs,

    I have similar query regarding employment change.
    I have have 485 receipts and EAD and I have received this before (180+ days). My current employer had told me that my labor certification and I-140 is approved though I don't have the copies in hand.
    1. Can I change employment without having the copy of Labor approval and I-140 in my hand?
    2. If employer is not willing to share labor certification approval and I-140, does it mean that I'm locked with the current employer only?
    3.Can I legally obtain these 2 document from employer?

    Please advise
    Thanks.

    Comment


    • #3
      Once the I140 is approved, and 180 days pass since 485 was filed, employer has no control. You need a copy to safely use AC21.

      You can quote H1b stamping as a reason and obtain I140 approval/recipt number. All you need is a copy of it. VO can ask for I140 during H1b stamping as you have to say that someone has a pending immigrant petition on the form.

      You can possibly try obtaining the ETA9089 using FOIA (Freedom of information act).

      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
        Originally posted by txh1b
        Once the I140 is approved, and 180 days pass since 485 was filed, employer has no control. You need a copy to safely use AC21.

        You can quote H1b stamping as a reason and obtain I140 approval/recipt number. All you need is a copy of it. VO can ask for I140 during H1b stamping as you have to say that someone has a pending immigrant petition on the form.

        You can possibly try obtaining the ETA9089 using FOIA (Freedom of information act).
        Hi ! I have same problem. I Don't have H1. I directly get EAD. (on labour substitution). so how can I get I140 detail. my employer denied to gime me. I want to change my employer. if anybody have answer pls. give me answer, I will be highly oblige! Thanking you in advance.

        Comment


        • #5
          You need some kind of proof for using AC21. Do you have your I485 receipts?

          It is recommended you have the I140 copy for PD proof. But as your I485 is already filed, USCIS could possibly associate your AC21 request with your A#.

          Talk to an attorney. It is possible. ALso, if you change your attorney, the old attorney might be obligated to give your paperwork to the new one as per AILA professional ethics. But you can never be sure if they are professional enough as they are not olbligated to give the I140 info as it belongs to the employer.

          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


          • #6
            Originally posted by txh1b
            You need some kind of proof for using AC21. Do you have your I485 receipts?

            It is recommended you have the I140 copy for PD proof. But as your I485 is already filed, USCIS could possibly associate your AC21 request with your A#.

            Talk to an attorney. It is possible. ALso, if you change your attorney, the old attorney might be obligated to give your paperwork to the new one as per AILA professional ethics. But you can never be sure if they are professional enough as they are not olbligated to give the I140 info as it belongs to the employer.
            Thank you for your quick reply. I have I485 receipts. I will contact new attorney.I am satisfy with your answer. Thank you very much. you are doing good job. god bless you!!

            Comment

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