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  • I-140

    Hi,
    My I-140 was approved on July 11th. It was filed on Jan 2nd.
    However there is a likelihood that I might have to change employers soon.Any idea if I can apply the approved I-140 to the new employer and have them file for i-485 rather than going through the painstaking process again?Any suggestions are welcome!!
    Thanks

  • #2
    RE

    You can't do that...You have to work for your company after you file 485 and complete 6 months with them.

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    • #3
      RE Change Of Employers

      Not Legal Advice:

      If you file an I-485 you will need an employment letter from the employer that sponsored your I-140 stating that they the job offer in your original Labor Cert is still valid.

      You can file for EAD and Advanced Parole at the same time.

      Once the I-485 is filed and you have the Receipt Notice and the EAD you can change jobs at any time (as long as you are taking up "similar" employment).

      As long as the INS takes more than 180 days (around 6 months) to process your I-485 they cannot reject it because you changed jobs. If they can process it in less than 180 days then you will have a problem.

      You need to talk to a lawyer regarding the specifics.

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      • #4
        Re: RE Change Of Employers

        Hi,
        Thanks for the info.
        Well just to reiterate, My I-140 was approved on july 11 and my I will be employed with my current employer till end of this year.Now I am in a bind, should I tell my attorneys to apply for CP or AOS.If I get an inetrview date by december then I have no hassles however if I dont then what are the implications if I file under CP.As for AOS, I am not going to be with the employer for 180 days after filing for AOS but if I get another company to pick up from there will INS have any restrictions?
        I need to make a decision soon.If only I knew for certain that I would get an interview date by end of this year then I would file under CP.
        Thanks!!

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