Changing Job After 180 Days Using EAD

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saurav10

Registered Users (C)
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 Lets assume that there is no problem and my 140 approval is revoked, how will BCIS know that it was revoked after 180 days and 485 is still valid?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?
 
If you feel I140 will be revoked, you better prepare AC-21 letter and send all the documents that are necessary (including employment letter from new employer) when you cahnge job. This way you are entitled to use AC-21 and informed INS before your employer sends 140 revocation letter. You can argue that I notified INS when I change the job. Replying after getting denial notice(in case your employer revokes 140 without your knowledge) might be more headache.

Second if you feel you won't get AP from your lawyer, apply for new AP ASAP. It might cost you close to $150. You can apply for AP on your own and it is easy. At the same time fight with your lawyer to get AP that already approved.

My opinion.
 
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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.

Also if the I-140 is withdrawn by the old employer on or after the 180 days on I1485 and the employee has not submitted evidence of a new employment to the USCIS, then USCIS will issue a Notice of Intent to Deny (NOID). If the applicant answers the NOID by submitting evidence of a new offer of employment which is similar to the old Employment then the I-140 will remain valid and the I-485 will be processed normally.

http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf

http://boards.immigration.com/showthread.php?s=&threadid=103003


http://immigration.about.com/library/weekly/aa090903b.htm


Now how do you get the LC and I140 details for using AC21

Option 1) Request your Employer to give your LC and I140 paperwork.

If this does not work then

Option 2) Hire a new lawyer. Fillup new G28 and request the new lawyer to request your paperwork from your old lawyer. Generally lawyer to lawyer communication should work and you should receive all your info.

If this does not work then


Option 3) Check the below links

http://www.flcdatacenter.com/casesearchperm.asp

http://boards.immigration.com/showthread.php?s=&threadid=92139

http://uscis.gov/graphics/formsfee/forms/g-639.htm

http://www.immigrationportal.com/showthread.php?threadid=83078

Wish you all the best.
 
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