I 140 and AOS pending for more than 6 months. Will employer switching means restarting process?
My EB1B i140 is pending for 15 months without any RFE or NOID. Lost all patience and want to switch employer now. Have a new offer. AOS pending for 6 months, and have received EAD/AP card. My question is that if I move to New employer then will I have to start new I140 or there is some provisions similar to AOS porting for long pending i140. Current TC 200k yoe 6 . I already have I140 Perm and i140 NIW approved through current employer, so H1B transfer should not be a big problem
I am assuming your 140 is still pending? If you move now, youโll have to start from scratch. I donโt think itโs a big deal. Just move. Donโt let anything hold you back.
OP, if EB1B 140 gets approved you can move with AC21 and will not have to restart. 15 months for 140 is unusual though and is way outside normal processing timelines. I am guessing someone forgot to move your file. Have you tried inquiry on your case? FYI, I inquired about my case the very day after the normal processing timeline of 7 months. The case was approved within a week of my inquiry.
One thing I would be cautious is, if OPโs application is denied, it will look bad on his immigration history.
I don't think so. It is quite common for EB1A applications to get denied. I have known people who got EB1 after 2-3 tries. If OP's 485 gets denied because of 140 denial, then that can be justified too in future applications. OP: suggest you pay a few hundred dollars and consult a private attorney. ps: EB1B was already reviewed by Intel lawyer before they made a recommendation for filing. As such, the denial rates for EB1Bs are low since company lawyers won't recommend filing unless it is a strong case.
What happened op? Did you get the approval?
As far as your EB1B petition goes, itโs a restart if you change your employer. Check the current timelines for your service center on the USCIS webpage and trackitt. You could consider upgrading to premium with the increased risk of rejection. The 15 month does not translate to an approval anyway. With the sheer no of EB1 application pending and the annually increasing rejection rates, you are better of finding out now, then refiling the application from scratch and waiting another 2 years.