Job Change While undergoing i-140 process

[alemao_1]

Hi,

I'm on a L1-A visa for the past 3.5 years and have applied on Jan.27.2017 for I-140, I-485, I-765 & I-131. At that time I already did the biometrics & medical exams and a few months after I've received my EAD that is valid until March.2018.

On Jan.24.2018 I've received a letter from USCIS requesting for more information in order to move forward with my I-140 approval. When checking the status of the reminder applications (I-485 etc) they all mention that this is waiting on the decision on my I-140.

I am refiling the I-140 answering the questions from the government this week and per the letter they sent they have up to 60 days to respond with a final decision.

In the mean time I've received an offer from a different company. So, assuming that my I-140 is approved, my questions are:
1) Once my I-140 is approved, am I allowed to change jobs or do I need to wait for the physical documents to arrive?
2) Once my I-140 is approved, how long should it take for the I-485 to be approved? And do I need the I-485 to be approved in order to change jobs?
3) If I decide to leave my current job this would be done in good terms (have been in the company for 10+ years), but is there anything to consider?
4) Anything I should flag to my new employer other then that my I-140/485 are pending?

Thanks for the support

[scientist2016]

Hi,

I'm on a L1-A visa for the past 3.5 years and have applied on Jan.27.2017 for I-140, I-485, I-765 & I-131. At that time I already did the biometrics & medical exams and a few months after I've received my EAD that is valid until March.2018.

On Jan.24.2018 I've received a letter from USCIS requesting for more information in order to move forward with my I-140 approval. When checking the status of the reminder applications (I-485 etc) they all mention that this is waiting on the decision on my I-140.

I am refiling the I-140 answering the questions from the government this week and per the letter they sent they have up to 60 days to respond with a final decision.

In the mean time I've received an offer from a different company. So, assuming that my I-140 is approved, my questions are:
1) Once my I-140 is approved, am I allowed to change jobs or do I need to wait for the physical documents to arrive?
2) Once my I-140 is approved, how long should it take for the I-485 to be approved? And do I need the I-485 to be approved in order to change jobs?
3) If I decide to leave my current job this would be done in good terms (have been in the company for 10+ years), but is there anything to consider?
4) Anything I should flag to my new employer other then that my I-140/485 are pending?

Thanks for the support

Your I140 approval has got nothing to do with your job change. The I140 is tied to a particular position for a particular employer, and as such cannot be transferred. Approval of I485 (GC) after I140 acceptance can take anywhere from 3 months to 1 yr. depending on the the particular USCIS location, PDs, etc.

Let us say you switch jobs immediately after you receive your GC. The potential problem is: When you are subsequently applying for your citizenship or something, USCIS can ask you regarding the bonafide nature of the gc petition viz., did you and your employer genuinely wish to employ you in the position petitioned for, or whether it was merely for you to get a GC. This question typically arises if you switch the jobs soon after getting GC. It is not a serious issue, but you should be prepared to answer it. For e.g., your history of being employed with the employer for more than 10 yrs. and it being an amicable change could all come in handy.