Changing jobs when priority date is current

[p r]

I'm EB3 ROW with a PD of 10/2005 and an approved I-140. I completed 180 days in adjustment of status back in February, so I'm eligible for AC-21 and I've started looking for a new job.

I'm a bit concerned about changing jobs right now, because my priority date is about to become current in May. I know that it's unlikely that I'll be approved in May, but it is possible in theory. I don't know if my current employer will revoke my I-140 if I quit - and they are a very large and impersonal company, so it's unlikely that I can talk them out of it if that's their policy.

What happens if my application is about to be approved but my employer revokes my I-140? Assuming that my new employer responds to the NOID (which I think is what would happen if my I-140 was revoked) immediately, would my application still be approved, or would I miss the boat (potentially for a long time, if EB3 ROW retrogresses in June)? Would it be safer for the new employer to notify USCIS preemptively, rather than wait for a NOID?

How about if the I-140 is not revoked? Am I safe as long as I change jobs before my I-485 is approved?

Also, is it true that I should not change jobs for 6 months after I-485 approval, even though I'm currently eligible for AC-21?

Thanks in advance for your help!

 

[p r]

bump

 

[TheRealCanadian]

What happens if my application is about to be approved but my employer revokes my I-140?

You'll probably get a Notice of Intent to Deny. If you're lucky, your GC will be approved before USCIS processes any revocation paperwork.

Assuming that my new employer responds to the NOID (which I think is what would happen if my I-140 was revoked) immediately, would my application still be approved, or would I miss the boat (potentially for a long time, if EB3 ROW retrogresses in June)?

You respond to the NOID; your new employer has no legal standing in your immigration process. If USCIS gets the NOID response and your PD is still current, you are approved.

Would it be safer for the new employer to notify USCIS preemptively, rather than wait for a NOID?

Maybe, maybe not. It probably can't hurt, but there are no guarantees.

How about if the I-140 is not revoked? Am I safe as long as I change jobs before my I-485 is approved?

So long as your new job has been arranged before the I-485 is approved, you are fine.

 

[p r]

Thanks!