Changing Job After 180 Days Using EAD

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saurav10

Registered Users (C)
Hello Gurus,

please help with my situation.
Applied for 485 more than 180 days. Got my EAD but not AP.
I am planning to change job as I got good offer.
Could anyone please let me know what are the consequences in doing so with my current employer and also with BCIS.
What steps do I need to take care before doing so?

Thanks in advance.
 
Until you have an approved I140 and I485 has been pending for > 180 days, do not even think about it. In the event you switch before your I140 is approved from earlier employer and for some reason your earlier employer revokes your I140 petition, you have to start from scratch.

So wait until your I140 is approved, then you can make a smooth transition. Check out on www.murthy.com. Search for "revocation of I140" and you can see the details.

HTH

Originally posted by saurav10
Hello Gurus,

please help with my situation.
Applied for 485 more than 180 days. Got my EAD but not AP.
I am planning to change job as I got good offer.
Could anyone please let me know what are the consequences in doing so with my current employer and also with BCIS.
What steps do I need to take care before doing so?

Thanks in advance.
Click to expand...
 
gc_majburi is correct.

as per ac 21 one should have an approved i-140 before changing jobs.

see murthy.com site for ac-21 usage.

Under AC21, the concept of I-485 portability permits a foreign national, who has an approved I-140 petition and has had an I-485 Application for Adjustment of Status pending for 180 days or longer, to switch to a new employer or job, as long as the new position is in the same or a similar job occupational classification.
 
Okay here is what I found.

Check the below link on the new rules.

Based on this one can change employer before 180 days of I485 but should pray that your I485 will not be approved before 180 days. With the present processing timings people should be happy if their case is approved in 2 years so getting approved before 180 days is a remote possibility.

Also the 180 days always starts since when the I-485 is received by the BCIS irrespective of whether it is filed concurrently with I140 or after I140 is approved.

The key point to be noted is that the one should change employer only after I140 is approved.They can change employer before 180 days of I485 hoping that I1485 will not be approved before 180 days or change employer after 180 days on I485 if they want to be safe.


http://immigration.about.com/library/weekly/aa090903b.htm
 
Thanks to all for responding and giving me such valuable information.
My I-140 is approved and 485 is pending for more than 180 days.
So in my case is it a good idea to wait until I receive Notice of Intent to Deny from BCIS to submit evidence of a new qualifying offer of employment? because I spoked to my new attorney regarding whether to mention anything to BCIS about new employment and was told nothing to do from my side
but to wait until I receive RFE. Please advise me.

One more thing which is making me worry is I did not get my AP approval yet and came to know that approval will be sent to the attorney and not to the applicant. So in my case I am not sure whether my current attorney will send those to me later when I change my job. Is it possible to get approval from the Local service center in case if need to travel abroad.

According to the links mentioned about the articles related to these issues I am little bit confused with one point. what if my current employer revokes my 140 approval? not sure whether my 485 will be valid or not? Lets assume that there is no problem and my 140 approval is revoked, how will BCIS know that it was revoked after 180 days and 485 is still valid? is there any way they track all these things? or do we need to send any documents to them saying that I changed my job and is still same kind?
 
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