Can I change my job when my 485 pending from 3/03?

[tonyz]

I have posted this on AC21 forum. But I would like to get suggestions from this forum too. Thanks.

I have slightly different situation and I would very appreciate your suggestion:

1. I self-petitioned my I-140 under NIW and got approved in Jan 2003
(Note: because I have been working for an international agency located at USA, which is considered as non-USA employer and can not be sponsor)

2. I then filed I-485 in March 2003 and the case has been there even since. I got my EAD/AP also.
(Note: I came to USA under an G4 visa because of this international agency. Along with my 485 application, I had to file a form I-566 to adjust form G to immigrant according to the instruction, which I did)

3. Now I was offered a faculty position at a US university 2 month ago and I accepted the offer based on EAD and I-485 pending for more than 180 days. The bad thing is that I have informed the agency about my moving.

I then realized that I need to make sure whether I can do this. I spoke to the personnel from the International Office at the University. They did not have an answer.

I went to the local USCIS office today and they told me that if I leave this agency, I am out of status and I have to go back home.

Can anyone please advise?

Tony

 

[psinha]

AC21 states the following:
1)An applicant can change the job upon 180 days of filing I485 and I140 being approved
2) The new job should be same or similar to the one described on your I140/I485 petition.

Your case:
1) Since you filed your I-485 in March 2003 and your I140 is approved, you staisfy the 180 day rule.
2) If your new job is similar to the one you have, you will satisfy the same or similar job rule. I would suggest that you ask your new employer to issue you a letter with the exact job descriptions that are mentioned on your I140/I485 petition (Look in your LC filings to get the job descriptions)
3) Make sure the pay is same/similar to what you are drawing today.


I would highly recommend that you contact an able lawyer like Rajiv Khanna or Shiela Murthy. I consulted Murthy when I exercised AC21. They charge $100 for a single consultation, but it's worth the money.


PS: I am not a lawyer. Please consult an able lawyer....
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ND - 12/10/2002
FP1 - 2/2/2003
FP2 - 8/17/2004
AD????