AC21 portability on 485

[gianduia2003]

Hi,

I am considering switching jobs. My 485 was filed with the California center in April 2002. My wife was added to my case in March 2003.

First question is can I quit my job and move to another one or does this apply only if I get laid off? My lawyer says I cannot quit, but I wanted a second opinion to clarify the rule.

Second, if I quit, will this affect my wife's gc in any way, since she has not completed 180 days. I don't think it matters since I am the primary applicant, but I just want to make sure.

Thanks
gianduia

 

[Pump]

You could switch!

As long as the new job satisfies the labor classification and the salary is matching, I believe one can change employer. The title and the job functions at the new job must be similar to the previous one. I know that lot of people have changed jobs during the GC period and got approved too. I believe AC21 has been formed to facilitate job changes if one has waited too long on I-485 (longer than 180 days). Sometimes I have heard of people filing for an amendment to I-140 in the case of a job change. This is just a safe measure to avoid hassles later on. Please do consult another legal opinion before you do anything.

Wife's GC is not impacted in anyway because she is on a derived status, and will continue to be in that status as long as the primary applicant's GC is still pending.