change of employer! I need your help

[logx]

Is it possible to change employers before 180 days? gurus please respond. A friend of mine filed his I485 three months ago with the CSC and want to change to a new employer before he gets laid off at his current job which isn't very stable.
Thanks in advance for your input

 

[niladri30]

Straight answer: Not possible prior to 180 days after filing I-485.

If current employer is cooperative given their financial situation and perhaps an awareness of immigrants' problems, an interim solution maybe to officially work for both companies on EAD for another 3 months, after which it will be legal to change sponsoring employer under AC21.

 

[logx]

niladri30, current employer is very undertsanding, he has no problem with him swicthing to a new job, he has no intention of revoking his 140. Thanks in advance for your feedback

 

[niladri30]

Then you probably want to consider the approach suggested above.

This approach is not bullet-proof, though, as there are issues about paystubs that may require some very creative resolution, right from the start. However, RFE asking for EVL and paystubs so early in the game is unlikely.

I would just concentrate on keeping the end date with old employer and start date with new employer legal, and try and have the ability to prove I was drawing the LC-stated salary from the old employer too... but as I said, that is conservative planning, given that the filing is only 3 months old.

There would still be a problem if old employer goes out of business earlier than another 3 months, and someone at BCIS spots that (maybe due to another application involving the same employer)... but one can rarely plan for everything!