Changing employer during I-485 process

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patpat

Registered Users (C)
My case is a bit complicated. I came to USA thru employer A in Feb 2001. I applied for my I-140 using substituted labour in Oct 2002. In November 2002, I had to change my H1 to employer B.

Since employer A is my relative, he agreed to continue my green card process. I applied for my I-485 and EAD in August 2003. I got my I-140 and EAD approval in Nov 2003.

Question is: My Current job with employer B is in jeopardy. 6 months after applying for my I-485, Can i move to another employer(other than A and B). Is that valid?
 
In my opinion:

Since you never worked for GC sponsor employer before filing
485 I don't think you are eligible for AC21.

But GC is future for future employment so you will have to join company A after your GC is approved. In the meantime it must be perfectly OK to find another job in the similar field and start
working for the new company.

Please consult attorney.:)
 
BangaloreBoy,
I worked for the company which i sponsoring mY GC for 18 months, i.e until i filed my I-140 application.
 
Originally posted by patpat
BangaloreBoy,
I worked for the company which i sponsoring mY GC for 18 months, i.e until i filed my I-140 application.
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I think AC21 is applicable only when you are working for the GC sponsored employer at the time of I-140 filing and continued till I-140 is approved. Then filed I-485 when working for the same employer that filed your I-140 application. You will be eligible under AC21 if you have proof that you changed employer after 180 days of pending 485 application.

In your case you have left your GC sponsorer before filing I-485 that is why I think you can not use AC21. I may be wrong here.
Check with Attorney.
 
The only issue here you have not yet completed the six months since you applied I-485. How is your relation with GC sponsoring company? If he is not revoking I-140 then it should be fine. If he is relative just you can play with any employer, as you will have standing offer from your relative.

AC-21 does not mention about current job at all. Green card is always for future job. Hence you worked for sponsored company or not is irrelevant. August memo clearly mentions it.

Just talk to some good attorney you will get confidence.
 
Last edited by a moderator:
Originally posted by bangloreboy
I think AC21 is applicable only when you are working for the GC sponsored employer at the time of I-140 filing and continued till I-140 is approved.
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Not at all. The Yates memo clearly indicates that it is possible for AC21 to be used and the adjustment approved even if the alien never worked for the sponsoring employer, so long as bona fide intent existed between the two parties.
 
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