# I-140 filed. Can I move companies ?



## grifforama (Mar 12, 2008)

My current employer have messed my green card application up so much that it went into appeal, and I am now at a point, almost 3 years later, that the I-140 has finally been filed, and is being processed.
I have a priority date of October 2012, and it is in initial review with the USCIS.

Here's where it starts getting slightly complicated.

My current employer is in financial difficulty. They have started to make severe cut backs, and have started laying people off.
One of the things they have done now is to put all immigration issues on hold. They will not be paying any further bills to the immigration lawyers to move things forward. Basically everything is frozen. They have also begun to indicate that the latest bill from the lawyer may have to be paid by them and repaid by me out of my own pocket.
It was part of my offer of employment that they would sponsor me for my green card, and as such with this latest turn of events, my feeling is that they have broken their agreement, and I am free to pursue other employment.

Part of the agreement was that if I left voluntarily in the first year, I would have to pay all the legal fees paid so far. It's now 3 years later. 

My question is this.

I have had an indication that another company would be willing to hire me.

Am I able to move to the new company, and take my I-140 filing with me ? Are they able to take over my Green Card process ? 
The job will be very similar to the one I'm doing. Do the new company have to refile a labor cert ?

If my current company don't pay the latest bill from the immigration lawyer (around 3k) can the immigration lawyer pull the plug on the I-140, or is this process unstoppable ?

My fear is that if I move companies, my current employer would refuse to pay this bill and I would be left to pay it.

Does anyone know what my rights are here, and if the green card process itself is unstoppable ?

Any help would be appreciated.


----------



## twostep (Apr 3, 2008)

Grifforama
This is a can of worms full of should, would, could, indicate, ... As I suggested earlier - consult an attorney specializing in immigration to make head or tails out of this. Non contractual arrangements and agreements between you and your employer should be worked out between the two.


----------



## grifforama (Mar 12, 2008)

twostep said:


> Grifforama
> This is a can of worms full of should, would, could, indicate, ... As I suggested earlier - consult an attorney specializing in immigration to make head or tails out of this. Non contractual arrangements and agreements between you and your employer should be worked out between the two.


I can't afford an attorney. 
I was hoping that someone might know the answer to my main question, one of moving my I-140 to a new employer if my I-140 has not yet been approved.


----------



## twostep (Apr 3, 2008)

Generally initial consultations are free.


----------



## tara.jatt (May 15, 2012)

Hello, You can not port your October 2012 date if you move companies while your I-140 is pending. In order to port your priority date, you need to get your I-140 approved first. Even after approval , if you leave your job, you have to start right from the beginning at new company. i.e. filing PERM and then I-140, once second I-140 is approved, you can then present old I-140 approval and port your old priority date. 

Just another thought, Given that you have to file everything from start at new work place, even after getting I-140 approved, and assuming that you are not born in India/China, it really would not matter if your I-140 is approved or not, since EB2-ROW is current and you wont gain anything by retaining your old PD (October 2012). 

I hope it helps. 



grifforama said:


> the I-140 has finally been filed, and is being processed.
> I have a priority date of October 2012, and it is in initial review with the USCIS.





grifforama said:


> Am I able to move to the new company, and take my I-140 filing with me ? Are they able to take over my Green Card process ?


----------



## grifforama (Mar 12, 2008)

tara.jatt said:


> Hello, You can not port your October 2012 date if you move companies while your I-140 is pending. In order to port your priority date, you need to get your I-140 approved first. Even after approval , if you leave your job, you have to start right from the beginning at new company. i.e. filing PERM and then I-140, once second I-140 is approved, you can then present old I-140 approval and port your old priority date.
> 
> Just another thought, Given that you have to file everything from start at new work place, even after getting I-140 approved, and assuming that you are not born in India/China, it really would not matter if your I-140 is approved or not, since EB2-ROW is current and you wont gain anything by retaining your old PD (October 2012).
> 
> I hope it helps.


So this morning, September 17th, I received notification that my I-140 was approved.
Are you saying that even if I move to a new company, I would have to start from scratch.

But then you say it doesn't even matter ?

So I may as well move and restart the process ?

I don't really get this process. Is there any advantage for me at all having my I-140 approved ? I really cannot see myself staying with my current employer. I am getting better offers elsewhere.

I hope you can clarify my situation.

Regards
Dave


----------



## tara.jatt (May 15, 2012)

Hello, Congrats for I-140 approval.

About moving, since you are under EB-2 ROW, your visa number will always be current, means always available. So, it wont matter to you. This date matters for the applicants from backlogged country (India, China for EB-2), because their dates are almost 5-6 years behind. So if those people move jobs, they got everything approved till I-140 and then port their old date, which will help them keep the date approved at old job.

Now :

1. if you can bear your current job for 4-6 months, then you should file 485 with this approved I-140 and wait for your GC. 

2. change job and you have to start this process all over again, so get PERM, I-140 and 485. Now in this case when your I-140 will be approved, you will be immideately able to file 485 because your visa number is current for the new priority date , thus no point getting old date ported.

3. file 485 at current job, wait for atleast 6 months (by that time chances are you will get your GC), if you have waited for atleast 6 months after filing 485, then change jobs with similar roles and responsibilities , and then you can invoke AC21 in the new place and you dont have to go thru all the process again at new place. 

my suggestion is to bear with current job for atleast 6 months and file 485 with your approved I-140 and you will mostly get GC in 6 month. 



grifforama said:


> So this morning, September 17th, I received notification that my I-140 was approved.
> Are you saying that even if I move to a new company, I would have to start from scratch.
> 
> But then you say it doesn't even matter ?
> ...


----------



## grifforama (Mar 12, 2008)

tara.jatt said:


> Hello, Congrats for I-140 approval.
> 
> About moving, since you are under EB-2 ROW, your visa number will always be current, means always available. So, it wont matter to you. This date matters for the applicants from backlogged country (India, China for EB-2), because their dates are almost 5-6 years behind. So if those people move jobs, they got everything approved till I-140 and then port their old date, which will help them keep the date approved at old job.
> 
> ...


I'm actually EB3-ROW does this make a difference ?


----------



## tara.jatt (May 15, 2012)

Yes, then it makes difference, then you will be able to retain your current PD if you port at new work place. Since Eb3 row is not current, its July10 i believe at the moment. So basically once you get your new perm and I-140 approved your lawyer need to port old PD at that time. 



grifforama said:


> I'm actually EB3-ROW does this make a difference ?


----------

