Difficult situation-please help-Employment based application

[Lavinia]

Hi everyone,

I filed my I-140 under EB-2 section and I-485 about four months ago. I already received my EAD and I saw the the LUD on my I-140 was recently changed to 02/06/06.
My question to you is what happens if I leave my employer now before I get the I-140? what are my options?

I'm dealing with an unbarebale situation at work and waiting at least two more months for the I-140 approval is impossible.

Thanks for a great forum. You've been much help during this process.

[Lavinia]

Hi everyone,

I filed my I-140 under EB-2 section and I-485 about four months ago. I already received my EAD and I saw the the LUD on my I-140 was recently changed to 02/06/06.
My question to you is what happens if I leave my employer now before I get the I-140? what are my options?

I'm dealing with an unbarebale situation at work and waiting at least two more months for the I-140 approval is impossible.

Thanks for a great forum. You've been much help during this process.

[Lavinia]

Does anyone know what my options are???

[marmaduk]

AC21 will be of no use since you haven't acquire 180days. So that pretty much write out the possibility of retaining the I-485 and its priority date.

I'm guessing you're under H1-B or L1? If thats the case, you can initiate H1-B transfer to another company.

[Lavinia]

Thanks!

[Sugarpuff]

If you leave your current employer now, I think the new employer will have to file another I-140 as you have not achieved portability for the I-140. If this is the case your EAD will not be valid either.

[Lavinia]

Thanks for the quick answers. Can I take an unpaid vacation untill the 180 days are up?
What happens after 6 months? how safe is it to leave my employer?

The problem is that my husband also received the EAD and is totally dependent on that.

Thank you so much for the professional answers.

[marmaduk]

You can invoke FMLA and got up to 12 weeks of unpaid leave IIRC. There's limitation on what situation calls for that though.

After 6 months, you can use the portability rule of AC21 and gain employment which is similar in nature and responsibility. You then will retain your I-485 and its priority date, and continue AOS. Your old company also wouldn't be able to cancel the old I-140.