Can i change employer after i140 approval

Will that work? In our experience, yes. The AC21 determination is governed by duties of the job rather than the job title, as job titles often differ between companies, even for very similar positions. Department of Labor system of occupational classification as a guideline. The later May Yates Memo makes the same references.

The duties listed for the original job offer should be compared with the job duties of the new position to determine within which category they fall. The DOL categories are generally fairly broad. In many situations, therefore, this does not present a significant problem. It is important to note that the duties generally govern, and not specific technologies, in most cases. I am afraid that, if I change my job, my employer will try to harm my green card case. What are the risks? The employer does not control the I application, since this is filed directly by the foreign national.

The employer can always withdraw or request to revoke the I petition. If the I petition has been approved, and the I has been pending for days, the employer can still request to revoke the I petition approval. This does not prevent the case from being approved, however. An approved I petition remains valid, once the I application has been pending for days, even if the employer requests the revocation of the I petition.

If the file contains documentation about the new job, the case should just continue being processed. Even if the I has been pending days, it is quite risky if the I has not been approved. Under the Yates memo, there are still possibilities for approval, but many pitfalls remain. One of the primary potential problems arises if an RFE is issued.

I have got an opportunity from employer "B" and then told they will process my GC as fresh application. I have 17 months left on my H-1B visa. In pending approval of I Is it recommendable to switch now in between of pending approval process of I? Will leaving in between of pending process impact me in future when employer "B" files my GC once again?

Answer 1. This is because the applicant will have already retained a priority visa date based on the category they have filed under. Thus, in order to become a lawful permanent resident based on the continued approval of such an existing I, the beneficiary must either obtain a new job offer, or have a new I petition filed on their behalf.

Knowing whether or not you should have a new petition submitted depends on the nature of the job change and whether it is internal or a different organization. What is an I Amendment? Withdrawing an application If applicants want to withdraw their pending I because of personal or professional reasons, they are absolutely allowed to do so by contacting the USCIS. Box Lincoln, NE Related Articles. The lengthy process means often applicants will experience job and employer changes during this time some voluntary, some beyond their control , adding to the complexity.

ILBSG strongly encourages clients to always seek counsel before making these kinds of decisions, to avoid any issues down the road. March 19, In News 7 Minutes. By Admin. Employer Change after I Approval, I Pending Stage: In the past, changing jobs or employers after I approval while the I was already pending meant that the foreign worker had to obtain a new I and start the process again although the priority date could usually be ported. Employer Change after I Approval, I Not Yet Filed, but Priority Date is Current: An interesting situation can arise where you have changed employers after I approval, prior to I filing, but yet to start the process with your new employer.

Conclusion: In sum, employment-based Green Card processing can be particularly complex and confusing. AC green card h-1b I i immigration.