Legal Question in Immigration Law in California
I140
i had been petition by this employer as a registered nurse with a 2 yrs contract,unfortunately they have not been living up to their promises thats why i intend to have another employer take over my petition. currently iam waiting for the approval of my I140 and I1485 from the uscis which they say may take another 6 mos. due to additional request for evidence. my question is if i decide to quit my current petitioner and have another employer takes over my petition do i have to go back to step one all over again? iam so disappointed with my current employer thats why iam seeking another petitioner to take over my petition. what can i do so i dont have to start all over again since uscis had been very slow with their processing on my case even though i have submitted all the required documents in order to get a result on my petition thx
2 Answers from Attorneys
Re: I140
Unfortunately since your I-140 is not approved, your new employer has to re-start the process from the beginning.
Re: I140
You can take advantage of portability provision and move after 6 months of I-140 & I-486 concurrent filing. No you do not need to start the procedd all over again.