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View Full Version : After I-140 approval is it possible to change


harrydr
04-15-2009, 07:16 PM
My situation is currently i'm employed in the Automotive industry but always living in the scare of loosing my job someday. Now my I-140 was approved June,2008 and i'm waiting for my PD to become current to file my 485.
My GC is being handled through my company's lawyer and God forbid, if i loose my job, my company will cancel my H1-B and the lawyer will revoke the I-140. This means i would need a fresh start from labor again.
I came across a friend who suggested (not in a greedy way or to earn money, he really wants to help me out) that i should check with my company and if they would let me switch my company lawyer to his company's name/lawyer and in this case if again God forbid, i loose my job, he will not cancel my H1-B and also not revoke my I-140. I wanted to ask the experts if:

1.) Is it even possible to do that and
2.) If it is possible, i'm sure my employer would report to INS that i have been laid off and my H1-B may be cancelled. In this case my I-140 won;t be valid anyways even if i switch my lawyer
3.) I would be safe only in case my company does not report this to the INS. Is this correct analogy?

snathan
04-15-2009, 07:20 PM
My situation is currently i'm employed in the Automotive industry but always living in the scare of loosing my job someday. Now my I-140 was approved June,2008 and i'm waiting for my PD to become current to file my 485.
My GC is being handled through my company's lawyer and God forbid, if i loose my job, my company will cancel my H1-B and the lawyer will revoke the I-140. This means i would need a fresh start from labor again.
I came across a friend who suggested (not in a greedy way or to earn money, he really wants to help me out) that i should check with my company and if they would let me switch my company lawyer to his company's name/lawyer and in this case if again God forbid, i loose my job, he will not cancel my H1-B and also not revoke my I-140. I wanted to ask the experts if:

1.) Is it even possible to do that and
2.) If it is possible, i'm sure my employer would report to INS that i have been laid off and my H1-B may be cancelled. In this case my I-140 won;t be valid anyways even if i switch my lawyer
3.) I would be safe only in case my company does not report this to the INS. Is this correct analogy?


PERM and i140 are company's property. so you can not trasfer. If your I140 is not revoked, you can retain the PD. But still you need to start from Prem and I-140.

only if your I-485 is filed and more than 180 days, you can use AC21. Otherewise there is no hope. Check your inbox and I sent you more information

Thanks

txh1b
04-15-2009, 07:42 PM
Your friend seems to have very little knowledge about how these things work. The company can revoke the H1b and I140 irrespective of which lawyer is handling the case. The lawyer has to send a letter to USCIS if the company requests so. The company HR can do it themselves.

Irrespective of the company revoking the I140 or H1b, it is still useless if you are not employed with them.

As already suggested, in the event of a job loss, you have to start over the whole saga but can retain the PD.

harrydr
04-15-2009, 07:43 PM
Hello snathan,
What information did you send me in my Inbox. All i have is a notification that someone replied to my thread.