Hi crew ! I have a question about the green card processing and how it affects the job switch. I know that the green card process is employer and job title specific. So in case an employee wants to move to another job opportunity, what is the right time to do it after the green card processing has begun? It takes about 1.5 years for the I 140 confirmation, can someone switch jobs once 140 is approved? Does it invalidate the approval ? Thanks
Ok thanks !
Get a copy of the I140 approval BEFORE you leave. Technically, the I140 "belongs" to the employer, not you. If they use the I140 to substitute file for someone else before your own process reaches that stage at your new employer, you're SOL.
Yep , that's what I thought. Thanks ! This was insightful
lol4axxn- Does this mean that you don't have to get I-140 copy from employer before leaving the company? What if employer declines to give the I-140 document ?
And, please, pay a lawyer their 1 hour fee to get this kind of advice. Blind is a shitty place to get this kind of advice. Don't be penny wise, pound foolish. Over and out.
What made you think someone wouldn't pay a lawyer and get an advise in addition to this ? Advice from blind doesn't hurt. Don't conclude so fast
Maybe he is used to just give shitty advice and comes here only to shit on people and his shitty company.
Don't you have to redo PERM and I-140 at your new employer? You can only carry your priority date from your current employer's I-140
Hi BlackRock, I'm assuming you are PERM (EB2 or EB3 employee sponsored, China or India). If you applied by yourself under EB1 or EB2-NIW then you don't have PERM and can switch jobs anytime as the new job is in the same field of study and your I-140 goes with you (i.e not associated with employer). However, if your I-140 is employer sponsored, then the only thing that goes with your priority date. Your new employer has to apply for PERM and then I-140 again but u get to keep your priority date. I'll give u an example: say employer A applied for your PERM in July 2014 under EB2. Say PERM is approved in Dec 2014. Then employee A applied for I-140 in Dec 2014 and that gets approved in June 2015. Your priority date is then July 2014. Now after 3 years, in July 2017, you decide to change jobs and go to employer B. However, India/China dates are not current and therefore employer A was not able to apply for green card since June 2015. So when u decide to leave Employer A, you also lose that specific I-140. When you start at Employer B, the have to reapply for PERM and then I-140 (similar to what Employer A did for u in 2014). The only thing is you will keep the same priority date - July 2014, even though you are applying for new PERM with new employer. Hope it's clear. *FYI, I'm not a lawyer*.
I am in the same boat! I got my I-140 approved about 3 months ago. I am changing jobs in 2 weeks. The new employer has to agree to file for your new PERM application. The only thing to retain from previous application is the priority date.
Oh! So you wouldn't loose the priority date even after your current employer withdraws his application as long as the new employer files for PERM. Got it !
My bad! I did not write the information properly. My current employer does not withdraw applications even if I leave them. The retention of the date depends on it.
You can change jobs after 180 days of your I-140 approval date
Thanks ! Does it also have an upper limit i.e. You cannot change jobs after x days post approval ?
Lol no