Can I change job before 180 days of approving of my I-140 ?

[gokul123]

I am on L1 Visa. My company applied for I -140 in the month of June 2002 and got it approved on March 2003.
In the mean time I had applied for I-485 in September 2002 and have the I-485 receipt dated in september 2002.

After my I-140 was approved in March 2003, I received my EAD document in April 2003 and my fingerprinting is also done now.

Since my I-485 was applied 180 days back, I-140 is approved in March 2003, I have already received my EAD card and finger printing is already done, can I change my job now based on EAD document ?

Please advice.

 

[jbm]

Technically you can

I think technically Ac21 need approve I-140 and I-485 pending for more than 180 days, so you should be fine.

But as interpratation change everyday follow your instict and follow your lawyer advice.

if you can wait until 180 after I-140 aprove then you can eliminate one possiblity, but i think you case is fairly simple and it shouldn't creat problem if you change compnay now, but again goes back to my 2nd paragraph.

Good luck.

JB

 

[gokul123]

Does anyone face similiar situation

I 140 Approved 40 days back.
I-485 Pending 220 days back.

Using AC21 portablity can I can the job immediately.
Any suggestions ?

 

[sbctsublc]

At the time of AC21 rule passing, there was no concurrent filing, so it was based on assumption that 140 was always approved before 485 filing.
But now that BCIS allows concurrent filing, since the regulations are not clear, it is safe to assume that 180 days start from the date of 140 approval and not from 485 filing.

So my suggestion is

1. If you are laid off or employer not paying, you have every reason to switch job. Don't worry about 180 days not passed after 140 approval, Since even if there is an enquiry at the time of adjudication, you have good reasons to explain why You used AC21 and chances of getting approved is very high

2. If you willfully change jobs, reason is not favourable to you and IIO may question your violation of intent to work permanently with sponsoring employer. So it is safe to wait until 180 days passed after 140 approval.

I would like to remind you that if your sponsoring employer do not agree with your quitting, there is always a chance of your sponsoring employer withdrawing the pending 140 application which will make your 485 to be denied.

Note:- Revoking an approved application is different from withdrawing a pending application