Weldon, CA Immigration Law Firms & Lawyers

It depends on where you are in the process what the immigration effect of changing jobs will be. 1) If I-140 is not approved then if you change jobs you will need to start from the beginning with new employer and of course make sure you are maintaining non-immigrant status so likely a new H-1B. 2). If I-140 is approved but I-485 has not been on file or on file for less than 180 days, you can change jobs but you will need to re-file the labor certification and I-140 with new employer. HOWEVER, big benefit of waiting until this point is that you can recapture the Priority Date from the first labor certification onto the second I-140 so you don't lose your place in line. This is locked in at the I-140 approval. 3) If the I-140 is approved AND the I-485 has been pending for 180 days or longer, then you can change jobs to a same or similar employer with just a letter from the new employer and documentation these terms have been satisfied. We recommend maintaining underlying status until green card is in hand but at least until I-140 has been approved and work card received with I-485.

It may be relevant. If you file a joint petition and are living separately, there's a good likelihood of denial. Better to be divorced, oftentimes, and to file a I-751 waiver case on your own.

Birth certificates of you and your brother showing the same parents may be all that USCIS requires, provided you have a court order for the name change.