Switching Employers - Problems with Employers

[NOV2007]

Hi,

Am sorry to post this here, but I don't know any other place which is better than this. So pls excuse me and help me Gurus/other active forum participants.

I have I140 Approved with my previous employer. But, I left that company 4 years ago. Later I joined in current organization 2 years ago. And I have I140 approved with my current employer too.
But the issue right now is, the current employer manager is troubling me a lot. Everyday its been a drama with their politics and unethical behavior.
I had talk with my previous employer recruiter, he said they havn't withdrawn my I140 and its still active. Since, my PD is going to be current in a month time can I join my previous employer and apply for I485 with them? Can this be a issue since I have I140 approved with current employer? Pls help me gurus. Am very confident that I get response to my this question here.



Dec2007,

Will do! Thanks for sharing your experience!!

[ChampU]

Hi,

Am sorry to post this here, but I don't know any other place which is better than this. So pls excuse me and help me Gurus/other active forum participants.

I have I140 Approved with my previous employer. But, I left that company 4 years ago. Later I joined in current organization 2 years ago. And I have I140 approved with my current employer too.
But the issue right now is, the current employer manager is troubling me a lot. Everyday its been a drama with their politics and unethical behavior.
I had talk with my previous employer recruiter, he said they havn't withdrawn my I140 and its still active. Since, my PD is going to be current in a month time can I join my previous employer and apply for I485 with them? Can this be a issue since I have I140 approved with current employer? Pls help me gurus. Am very confident that I get response to my this question here.

Nov2007,

Here is my opinion but please consult an Immigration attorney, before taking any of these steps..

Assuming Nov2007 is your PD with your old employer and the fact that you know that the I-140 corresponding to that PD is still valid, I would think that it would be better if you try to capture that PD and get your new I-140 amended with Nov2007 PD. My friend got it done about a year ago and he had filed FOIA. To do that, he had the support of his HR and the company's immigration law firm. Since you said that there is not as much support (Politics, drama etc.) from your current employer (and I assume the law firm), it will be a slightly uphill battle.

Yes, you can join your previous employer and file the I-485, when your date is current. But please make sure that you don't burn any bridges before you make the switch.Since there are multiple I-140s, there is a high chance that you might get a RFE for Employment Verification Letter(s). Make sure that you are in a position to obtain that from either employers..

Again, this is just an opinion..

[dec2007]

Nov2007,

Here is my opinion but please consult an Immigration attorney, before taking any of these steps..

Assuming Nov2007 is your PD with your old employer and the fact that you know that the I-140 corresponding to that PD is still valid, I would think that it would be better if you try to capture that PD and get your new I-140 amended with Nov2007 PD. My friend got it done about a year ago and he had filed FOIA. To do that, he had the support of his HR and the company's immigration law firm. Since you said that there is not as much support (Politics, drama etc.) from your current employer (and I assume the law firm), it will be a slightly uphill battle.

Yes, you can join your previous employer and file the I-485, when your date is current. But please make sure that you don't burn any bridges before you make the switch.Since there are multiple I-140s, there is a high chance that you might get a RFE for Employment Verification Letter(s). Make sure that you are in a position to obtain that from either employers..

Again, this is just an opinion..

while staying at current employer, can he apply for 485 based on previous 140 approval. Since there are no docs required from previous employer and gc is always about future job.

[Kanmani]

Yes, You can ! There won't be any issue.

I went through posts in other forums, many had RFE to confirm which job they would choose, as there were multiple I-140 approvals in their file.

[girish989]

Yes, You can ! There won't be any issue.

I went through posts in other forums, many had RFE to confirm which job they would choose, as there were multiple I-140 approvals in their file.


Hello Guys ... thanks for the responses... I have a smiler question -

I was working for company A
my 140 is approved - I do not have approval notice
I moved to company B
new 140 approved

However, company B said that they would not give me my 140 approval notice.

Now I am planning to move to company C and they are willing to start my GC again.

Do you guys think I will have any problem when trying to capture my original PD from Company A.

Thank you very much in advance.

[dec2007]

Hello Guys ... thanks for the responses... I have a smiler question -

I was working for company A
my 140 is approved - I do not have approval notice
I moved to company B
new 140 approved

However, company B said that they would not give me my 140 approval notice.

Now I am planning to move to company C and they are willing to start my GC again.

Do you guys think I will have any problem when trying to capture my original PD from Company A.

Thank you very much in advance.

I dont think you will have problem. You can request approved I140 from uscis using Freedom of Information Act (FOIA).

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6f2a4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD