Changing employer while pending I-485

[ahmedmoustafa]

If I-140 was approved, I-485 was filed more than 6 months ago and the Employment Authorization Document and the Advance Parole have been issued:

- What is the risk of changing the current job and leaving the I-140 sponsor employer?

- What does “same or similar jobâ€￾ mean?

- Would it be considered “same or similarâ€￾ to join a graduate school through a graduate assistantship?

- If the employer revokes the approved I-140, will it possible to renew the Employment Authorization Document and the Advance Parole?

Your help will be appreciated so much.
Thanks in advance!

 

[ahmedmoustafa]

Re: Re: Changing employer while pending I-485

Thanks a lot for your answers!

USCIS hasn't issued regulations, so it is not clear what the risks are.
The LC described the job responsibilities. The new job has to have the same or similar responsibilities. The new employer becomes the GC sponsor.

I thought once the I-140 was approved, one would not need to have a GC sponsor.

No. That's something completely different. Starting in a graduate program has the goal of getting a degree. Any research or teaching assistantship is only incidental to that. Besides, universities don't sponsor GCs through student assistantships.
You can of course start in a graduate program, and even get an assistantship. But you still need to work fulltime for an employer who sponsors your GC.
The employer can't revoke a USCIS approval. Only USCIS could. The employer could of course complain to USCIS, but that's it. The AC21 portability provisions allow to change jobs.

Is it true to be considered a visa fruad to leave the sponsor employer after obtaining the GC?

 

[ahmedmoustafa]

Re: Re: Changing employer while pending I-485

Originally posted by JoeF
No. That's something completely different. Starting in a graduate program has the goal of getting a degree. Any research or teaching assistantship is only incidental to that. Besides, universities don't sponsor GCs through student assistantships.

Joe, do you know if a university can offer a position e.g. in a lab, so one can maintain being in a full-time job while being in the graduate program? By the way, does it have to be a full-time job?