Legal Question in Immigration Law in Texas

Re: change of employer with approved I-140

My understanding of your question is that you filed your I-485 with I-140 in Sept. 2007 and the I-140 was approved in August 2008 and you are thinking of changing your job and you are not sure of the process.

The relevant inquiry is the intentions of the parties (you and your employer) whether the I-140 was filed with the intention that your job be for indefinite period of time. The longer your employment after you obtaining your permanent resident the less the circumstantial evidence of fraudulent intent.

Response to Question #1: No. You do not need a copy of I-140 to change job, but your new employer must file a fresh application for you after obtaining a new labor certification, if applicable. The best you can take out of the approval is your priority date while your current employer is at a total lost.

Response to Question #2: You should be worried more about being reported by your current employer for fraud after the investment on you than obtaining a copy of the approval. With a copy of the receipt you can get approval from DHS.

Response to Question #3: The approved application is specific to the position offered to you by your current employer. The approval will be worthless to you and your new employer except the priority that can be carried over to your new application.

Be careful and don't be in a hurry.

PLEASE, MAKE SURE THAT YOU CONSULT WITH A LICENSED IMMIGRATION ATTORNEY BEFORE YOU ACT.

Re: change of employer with approved I-140

You should be careful here, as if you change employers outside the same or similar classifications of the original I140, you risk the portability of the LC. Let an attorney review your case before making the switch. You can request a copy of your I140 file from USCIS.