Legal Question in Immigration Law in Maryland

(1) My I-140 has been approved and I received my EAD/AP more than a year ago and waiting for the approval of 485. If I change employers now I know I can use my EAD to work for them. But I want to know if the following situation has any possibility: Can my previous employer retract sponsorship/rescind application? If it is possible, then do I have to start all over again with LCA with my new employer.

(2) If everything stands as it is today except for me changing employer what would be my new employer's role or commitment to the whole green card process.

(3) Can I, with your consent, refer you to my new employer for any future dealings.

Asked on 7/29/13, 10:19 am

3 Answers from Attorneys

Matthew Glinsmann Glinsmann & Glinsmann, Chartered

Portability provisions can be tricky in this type of case. If the I-0140 is already approved, portability may be fairly straight forward but will depend on your facts. I'd be happy to review your facts and discuss the case with you new employer.

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Answered on 7/29/13, 10:28 am


Please call our office to review your situation and we shall be able to suggest the best course ahead.

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Answered on 7/29/13, 10:32 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

(1) No. As long as the I-140 is approved & the I-485 has been pending at least 180 days, then "portability" applies. You will need a new employer, though, who is offering you the same or similar position. They do not need to file a labor cert or I-140, but they will need to express their intent in writing to USCIS.

(2) See above.

(3) Feel free to have any potential new employer contact my office any time.

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Answered on 7/29/13, 10:41 am

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