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Potential Risks involved on switching jobs with a pending I-140

San Mateo, CA |

What are the potential risks involved someone switches jobs with a pending I-140. I know the green card process has to start afresh and that risks depend upon case-to-case but what other potential risks are there?

Attorney Answers 4

Posted

Employer will terminate I-140 and you will have to start all over with the new employer.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Asker

Posted

Thanks, but I already mentioned that green card process has to start afresh in that case. I am looking for other potential risks.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

Ok, continue looking. No problem.

Posted

I concur with Mr. Segal.

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Asker

Posted

Thanks, but I already mentioned that green card process has to start afresh in that case. I am looking for other potential risks.

Posted

The biggest risk is that, as you said, you need to start afresh.

The second risk is that the current employer may blackball you in the community for not being a loyal employee.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Posted

You should file premium processing on the 140 and get it approved before you change employers. Once the case is approved, even if the employer cancels the petition, you can still use the date to port to another green card.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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Asker

Posted

But the case is already filed, how can I get it premium processed now?

Anu Gupta

Anu Gupta

Posted

You can always add the pp later on.

Asker

Posted

I don't think my current employer would even think about doing premium processing of I-140 (what benefit is the employer getting with that?) and I cannot afford to pay $1000 extra for that. So, probably, premium processing won't be possible in my case. Please correct me if I am wrong. Thanks for the advice though.

Anu Gupta

Anu Gupta

Posted

I would recommend you wait then. If you move without an approved 140, you will lose the priority date.

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