Law says I140 Approved & I485 filed for 180 days or more will give you portability. Means at that point you can change job, but u still need to have a job - A similar one & near about same salary
As per current trands 99.99% of times your I485 will not be reviewed in first 365 days. So it boils down to this
Case A) I140 gets approved & 180 days pass & then u Change jobs for similar position & salary - U are OK
Case B) I140 does not get approved, u change jobs before or after 180 days - Their is great risk.
Risk being:
i) If I140 gets denied or RFE your old employer might not respond & you lose everything
ii) Your old employer might withdraw your I140 since he can use your approved labor for someone else at a later date
If your old employer does not withdraw your I140 & it eventually gets approved without RFE's & 180 days pass & then you find a similar job, you should be OK.
Hope this helps
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My lawayer submitted both my I-140, I-485 and application for my EAD in December 2003. I received my EAD a few weeks ago. As far as I understand if I loose my job and the INS processes my I-485 within 180 days after I filed, which is Dec 2003 I am in trouble, but if my application does not get processed within 180 days and I loose my job and find another similar job before the 180 days has passed I should be ok ? Is this true ? What troubles me more though is that the 180 day rule only seem to apply if I have an approved I-140, is this true and does that mean that I have to wait untill my I-140 have been approved before I can safely know that I will be able to remain in the US if I loose my job ?
any help will be greatly appreciated.
thanks
adk
