If you change employers and your I140 is current and approved, INS will have no reason to deny your case just because you change employers.
Here is what my lawyer told me, the memorandum for AC21 states that, If I485 application has been pending for over 180 days, the employee will have the ability to change employers (portability) granted that his I140 Application is approved or currently valid. In my case, I moved to another employer even if my I485 application has not passed the 180 days mark. The good thing is, my I485 application has been pending for over 180 days (even after i change employers) and I can now apply AC21 portability.
Below are my answers to your questions:
What are the issues in changing employers while you are waiting on I485 approval?
Answer: One issue that I see is that, if you change employer and they process your application in under 180 days, there is a huge possibility that they will ask for additional documentation from the company that sponsored your application. I.e. sponsorship letter, financial statements of company to prove that they can pay your salary, etc.
What are the steps NECESSARY to change employers while you are waiting on I485 approval?
Answer: My suggestion is that, if you could hold on to your employer who sponsored your application for at least 6 months, then do so. After the 180 days mark, you can move to another employer because you can use AC21 portability. In my case, I didn't have any choice since I got laid off. I was lucky that I485 has been pending for over 180 days and I was able to apply AC21 portability afterwards for my case.
Is anything needed from the original petitioner of I140 and current I485 petitioner to complete the GC process if one changes a the job while waiting on I485 approval?
Answer: It's a case to case basis. If you received an approval notice, they may require you to send a copy of updated employment letter and pay stub. You can bring a letter of employment from the company who originally sponsored you granted that they will give you one. In the letter, they can specify that they have all the intentions of hiring you as soon as you get your green card. You also need to bring letter of employment from your current employer stating your job description, start date, position and salary. Make sure that you are working for the same field (per your approved labor certification). What happened to my case was, at the time of interview, the officer didn't even bother to ask a letter coming from the original petitioner. He only asked for the current employment letter and pay stub.
What harm if any, the employer who originally petitioned the I40 could cause?
Answer: They can cause a lot. First, if say you decided to leave the company that petitioned you and they don't want you to leave but you insist on leaving...they can always cancel your I140 application. No matter what you do once your I140 get cancelled or denied, your I485 will be denied as well I think. In my case, I got laid off. The company who petitioned me is kind enough to continue sponsoring my GC because they have all the intentions of hiring me in the future once the economy gets better and they opened up a position for me.
Hope this helps.
All info that I have shared are not totally accurate. It is solely based on my experience. Please consult an attorney so you can get better answers and legally.
Thanks!
miguelerik
