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What happens after the I-140 immigrant petition is approved?


How long should someone remain with an employer?

After the I-140 is approved, the employee should show a good faith effort to work for the U.S. employer/petitioner.

What happens if an individual switches jobs or changes employers while an I-140 immigrant petition is pending or after it has been approved?

If the I-140 immigrant petition and the I-485 adjustment of status application have been pending for at least 180 days, the foreign national can request to switch/change employers. This is commonly referred to as “porting.”

If the employee switches to a new employer, the I-140 employer may keep the immigrant petition open or withdraw it. This is permissible, as long as the employer agrees to hire the employee once a visa is available and the employee agrees to work for the original employer after the visa becomes available.

If the prior employer withdraws the immigrant petition, the new employer will need to start the PERM/Labor Certification process and file a new I-140 immigrant petition for the foreign national.

After the I-140 immigrant petition is approved, when can an individual expect to be scheduled for an interview?

Your interview will be scheduled when your priority date becomes current. The priority date may be impacted based on your qualifications, the type of immigrant petition filed by your employer, and the country of citizenship.

For more information on Remaining with an Employer in the U.S., a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today.

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