Form I-140

Change of jobs with an approved I-140 from employer A and Reapplying PERM through B

Question details

I have an approved I-140 from my old employer 'A' with a priority date from 2017. Now I am working for employer 'B'. I have a couple of questions about this:

i) Is it worth doing my PERM here through employer 'B' again if I plan to change jobs soon (maybe in a year or so)?

ii) Are there any benefits of doing the PERM now through employer 'B'?

iii) Or would you suggest doing the PERM with my next employer and not bother with the PERM through employer 'B'?

 

Video URL
FAQ Transcript

If you are likely to keep moving employers, you could hold off until you know where you will be working long term. You already have a priority date. The date is not likely to become current soon, although freak fluctuations do occur. It makes sense to wait to file PERM again once you are in a long-term position. More...

 

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Oct 28, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Discussion Topics, Thursday, October 28, 2021:

FAQ: Change of jobs with an approved I-140 from employer A and Reapplying PERM through B || Impact of reportees outside the U.S. or in third countries on L-1A and EB-1 petitions || Are L-1B visa holders eligible to work remotely? || Approved EB-2/EB-3: Interfiling/upgrading to EB-2 with employers A and B || Working outside the U.S. for four months with a recently issued green card || Documents needed by and anticipated questions for green card holders at the port of entry

EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade

Question details

Q: 1.  If the Priority date is current in EB-3 then my I-140 and I-485 can be filed EB3 (Lower it) but you said that after EB-3 will come then I should file I-140 in EB-2. Not sure about the whole concept, if possible can you elaborate in more detail?

2. Can I-140 be filed in EB-2 and EB-3 together? Or I-140 can be filed in EB-3 first once it gets approval in EB-3 and then need to file in EB-2 or vice versa.

3. My company attorney told me that once I downgrade to EB3 then I can't upgrade to EB2.

 

Video URL
FAQ Transcript

A: 1. You can always downgrade if you start your case in a higher category, but if you file your case in the lower category it's not possible to upgrade without refiling.

2. The answer is yes, although I like to do it separately for several reasons, most of all to avoid confusion, but now the government is well aware of these downgrades and I think you could file both of them together as two separate filings.

3. They must be saying something different as that is not true. If your PERM was filed as an EB-2 and I-140 was approved as an EB-3 you can always go back to EB-2 by filing another I-140 under EB-2. More...

 

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Green card holder working on multiple jobs - Is it legal?

Question details

I received my green card two days ago. I work 40 hours a week in IT company A as a full-time software engineer from 8 a.m. to 5 p.m. Monday to Friday. Can I work on another full-time job 40 hours a week in IT company B as a software engineer from 8 a.m. to 5 p.m. at the same time while working for company A if I can manage because I am working remotely? While I am employed with company A full-time 40 hours a week, can I work on another part-time IT job like 20 hours a week assuming that some hours of IT full-time job overlap with some hours of IT part-time job? Can I work on another non-IT full-time or non-IT part-time job during weekends/holidays, or after my other job working hours while I am employed with company A full time?

Video URL
FAQ Transcript

I believe if you want to take up a second job by not leaving your main job (that got your green card) you could do it. You could have a part time or a full time job. More...

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Nuances of changing employers during the green card process

Question details

My question is related to green card filing. My green card was filed with Employer A. I have an approved I-140. I moved to Employer B, working on an H-1B valid until April 2023. They have not filed the labor for me yet. My priority date is February 2012. As per the latest visa bulletin I can file for EAD but the final date is September 2011. Currently I am not in the U.S. so I can't file for EAD. I hope to be in the U.S. in the next 4-5 months. Do I need to join Employer A for processing my green card? What would be the best option for me to get the green card without wasting time when I reach the U.S?

Video URL
FAQ Transcript

First of all you have to be in the United States to apply for your Adjustment of Status. Secondly in your case, because no new green card was started, your old employer must offer you the same job which you have to go and join eventually in good faith.
You can actually have I-485 filed through a job offer from employer A, the same job which was the basis of your green card. If you don't have that, you cannot file I-485. You can only file for I-485 /Adjustment of Status when your priority date is current and the job that is the basis of the green card is available to you right then. After 180 days of the I-485 pendency, you may never have to join the old employer because you can take a same or similar job anywhere. Just make sure that you have the good faith, honest intention of joining the old employer when you file the I-485. More...

 

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Sept 30, 2021, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Discussion Topics, Thursday, September 30, 2021:

FAQ: Obtaining student or visitor's visa while a green card is pending || Continuing to use H-1B when I return on Advance Parole || Nuances of changing employers during the green card process || Green card holder working on multiple jobs - Is it legal? || How long can green card holders stay outside the U.S.? || Effect of a career change on naturalization process and timing.

Sept 16, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Discussion Topics, Thursday, Sept 16, 2021

FAQ: Consequences of extending parents’ B-1/B-2 (visitors/tourist) status more than once||Consequences of green card holders staying outside the USA for an extended time. Reentry permit protection ||Applied for EB-3 downgrade and change of employer after 180 days while I-140 is pending