http://www.immigration-law.com/
". AC21 106(C) Change of Employment after 180 days (180-Day Rule)
*The AC21 106(c) provides that the certification or I-140 approval of an EB immigrant petition shall remain valid when an alien changes jobs, if: (a) Form I-485 on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 dys or more; and (b) the new job is in the same or similar occupational classification as the job for which the certification or approval was intitially made.
*If an alien has complied with the above statutory requirements, adjudicators shall not deny applications for adjustment of status on the basis that the alien has changed jobs. Under present prqactices, it is expected that an 485 applicant notify the Service when they no longer intend to enter into employment with the employer who sponsored them on the 140 petition. The Serviceshould continue to expect the applicant to submit a letter notifyhing INS of this change in intent. If the Adjudicator has reasons to believe that the applicant\'s intent has changed, a RFE may be issued to clarify the applicant\'s intent in regards to employment.
"
It would seem that the most important thing is that the 485 is NOT
adjudicated within 180 days. It does not say anywhere regarding
the change in employment before or after 180 days. SO based on the
above it would seem that if I change employer after 485 all it matters
is that if my I-485 is not adjudicated within 180 days and I get an
RFE for employment verification my new employer letter should be sufficient. It does not say anywhere that one can or cannot change
employers before 180 days!
As far as getting the approval in 180 days, let us dream on!!!!!
". AC21 106(C) Change of Employment after 180 days (180-Day Rule)
*The AC21 106(c) provides that the certification or I-140 approval of an EB immigrant petition shall remain valid when an alien changes jobs, if: (a) Form I-485 on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 dys or more; and (b) the new job is in the same or similar occupational classification as the job for which the certification or approval was intitially made.
*If an alien has complied with the above statutory requirements, adjudicators shall not deny applications for adjustment of status on the basis that the alien has changed jobs. Under present prqactices, it is expected that an 485 applicant notify the Service when they no longer intend to enter into employment with the employer who sponsored them on the 140 petition. The Serviceshould continue to expect the applicant to submit a letter notifyhing INS of this change in intent. If the Adjudicator has reasons to believe that the applicant\'s intent has changed, a RFE may be issued to clarify the applicant\'s intent in regards to employment.
"
It would seem that the most important thing is that the 485 is NOT
adjudicated within 180 days. It does not say anywhere regarding
the change in employment before or after 180 days. SO based on the
above it would seem that if I change employer after 485 all it matters
is that if my I-485 is not adjudicated within 180 days and I get an
RFE for employment verification my new employer letter should be sufficient. It does not say anywhere that one can or cannot change
employers before 180 days!
As far as getting the approval in 180 days, let us dream on!!!!!