Change Job if filed 140 and 485 concurrently

K

koradas

Registered Users (C)
Hallo
According to existing rules prior to concurrent filing, I can change jobs 180 days after I filed for I-485. I could only file for I-485 if my I-140 is approved.

With concurrent filing, I can file for both I-140 and I-485 together (or in our case we filed for I-485 2 month after filing I-140). My question is:
The 180 day period of waiting before switching jobs starts when???
1. Does it start from the day I filed for I-485 ? or
2. Does it start from the day my I-140 is approved ?

When can we change employers...................................
I would appreciate it if you could mention whether the response you give is based on the advise of your attorney or not.
Thank you very much

Krishna koradaall when
 
koradas

According to INS-HQ, the I-140 & I-485 are processed separately (even if it is concurrent application). Therefore, I-140 will be first adjudicated as separate from I-485, and the Service Centers will issue Receipt Notice and Approval Notice as if I-140 was filed independently. This decision helps the people who need to utilize 180-day change of employer rule under AC 21 since the I-140 Receipt Notice will be issued early on.

I think what INS is trying to say; "180 day's start from the day I140 is aprroved if you have concurrent application."

I have posted a responce in a thread called " Important news: INS Restricts Portability Eligibility in Concurrent Filings. ", Check that :
 
Hai Adding to this thread
I have filed for both 140 and 485, both are not approved yet.
My company is outsourcing our department, in couple of months. and say new company is ABC, and he takes me in for short time for the same position and same duties.
In this case what will happen to my 140 and 485, can i continue my GC with the new company ?

Thanks
rk
 
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