Immigration Issues/Greencard process

Advertisement


Question
Sir, I have an important question to ask you.
I just started my job 8 months ago and I am in first process of greencard. I just applied for labor certification which might take upto 8 months. Then goes I 140 and I 485. Though I have been working with the company since 8 months, I only applied for labor certification a month ago.
Now I have better job offers and I want to change employer. But i dont want to lose greencard processing as well.
I heard I could change job after I 140 approval or 6 months after I 485 APPLICATION.
Here are 2 basic questions.
1. How early can i change the job without my greencard process being affected?I also dont want any audits on my greencard either later in the process. So want to take a calculated risk.
2. How early can I apply for I 485? Is it possible before the priority date is current?
3. Would you recommend me changing jobs at this stage?

Thanks for the input.
Its greatly appreciated.
Nataraj

Answer
Hi,

It is safe to change jobs and  still obtain your green card through Employer A (even if Employer A revokes its I-140 petition) once both the I-140 is approved, and I-485 has been filed and pending for six months or more. The I-485 cannot be filed until the priority date is current: www.h1b1.com/visawaiting.htm

You normally have 6 years aggregate in H1B status and assuming that you have plenty of time remaining, and that not too much time has been invested in the GC process through Employer A, it is OK to change jobs now if the new employer will also support you for the GC process through the filing of a new PERM application: www.h1b1.com/employmentbased.htm

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.