Legal Question in Immigration Law in Texas

Change of employer with I-140 pending

I have an approved PERM and My I-140 has been filed last week, Can I change my employer and use the approved PERM & continue the I140 filing with my new employer.?


Asked on 11/14/08, 10:38 am

2 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: Change of employer with I-140 pending

You can only change employer 6 months after filing of adjustment of status that is I-485 not I-140. The labor cert belongs to your employer not you they can substitute another candidate but you cannot.

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Answered on 11/14/08, 10:48 am
Rachel Baskin Rachel Baskin, Attorney at Law

Re: Change of employer with I-140 pending

What status are you on now? A new employer will still have to sponsor you for nonimmigrant status so that you can work for them. Additionally, if you do not intend to work for the employer who filed your PERM/I-140 applications, then you will not be eligible to apply for your green card based on those applications. There are a few circumstances under which you would be allowed to change employers, but what you described is not one of them.

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Answered on 11/14/08, 10:49 am


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