Changing jobs with LCA pending

[jobchanger2004]

My current employer has filed for labor (over 2.5 years now) and I am taking up another job.
The current employer will support my I140 filing but I am not clear on what the following -
1) how does it affect 485 filing and does it have an impact on citizenship
2) can i still go for consular processing even though I will be working with my new employer
3) Do i have to return to my sponsoring employer and if so, at what stage and for how long.
Any comments would help.

 

[gp111]

Please See Answers inline...

My current employer has filed for labor (over 2.5 years now) and I am taking up another job.
The current employer will support my I140 filing but I am not clear on what the following -
1) how does it affect 485 filing and does it have an impact on citizenship

It will not affect I-485 / Citizenship (future) if your current employer is supporting your I-140/I-485 application, You can inforam INS after 6months of I-485 receipt date that your new employer is taking over the application (AC-21) & you are good to go.


2) can i still go for consular processing even though I will be working with my new employer

You can co to consular processing but you will loose advantages of getting EAD & AC-21... You may have to prove your intent of joining back to your old employer in this case.

3) Do i have to return to my sponsoring employer and if so, at what stage and for how long.

If you used AC-21 you will not have to join but in case of CP you might.

Any comments would help.