Can I switch employers?

[foobar007]

This question might be asked/answered several times, but nothing feels great when you post and get some great feedback!

I filed my I-485 at CSC in November 2003. (My I140 is already approved). Now that 180 days has elapsed since the I485 filing date, can I switch employers now? What are the precautions/checklist I should follow?

These are some of the questions I've,

1. Is there any minimum pay/salary that I sould get according to Labor ?

2. What's the general procedure followed by the old/original employer? i.e will they inform INS that I quit this company and will they revoke I140? Or will they keep quiet?

TIA!!

 

[sb_tiger]

The job should be similar- changes in salary, description etc are OK. There is no defined minimum salary.
What an employer does is upto them. But if 140 is approved and 485 pending > 180 days- 140 can not be revoked. If employer attempts revoking you would get RFE. You respond RFE with AC21- you will be fine.
Good Luck.

 

[bgrass]

thanks! and more question

I had exact same situation. I can not talk to the attorney directly, only through HR.
Can you tell me if my attorney, who filed the 485 for me should help me for the AC21?
Should I file AC21 before INS send me a RFE?
My receipt date is early June 2003. I did FP in Feb this year. I am at the NSC. My online status has been the same ever since I received the 485 notice. The finger print, etc were not updated at all.

 

[ginnu]

I had exact same situation. I can not talk to the attorney directly, only through HR.
---why you want to talk to company lawyer if you are going to use AC21, just try to get approved Lc copy, I-140 approval and I-140 filing reciept and I-485 filing reciept from past employer HR or lawyer, no need to dicuss AC21 with them
Can you tell me if my attorney, who filed the 485 for me should help me for the AC21?
---- if he is YOUR attorney then he may help if he is past company attorney, he may not help becase he is hired by employer, dont tell that company attorney you need to use AC21 and he may inform your employer and they may not gove you copies of LC or I-140 . best is to hire YOUR lawyer so that he represent YOU and fill up new G28 form with your lawyer let him update USCIS
Should I file AC21 before INS send me a RFE?
----- I will update becase when they send RFE they send long list of documents
My receipt date is early June 2003. I did FP in Feb this year. I am at the NSC. My online status has been the same ever since I received the 485 notice. The finger print, etc were not updated at all.

----- FYI you can use AC21 only if I-140 APPROVED AND I-485 pending more than 180 days, I think you are eligible for AC21

 

[bgrass]

Thank you!

Thanks!! That is a great relief. I can start applying for new job!
Sounds like it is Ok for me to ask the new company's lawyer to help me out.