[I-485] Shifting jobs before 6 month period of I-485

[bayarea2007]

hello all,

I will appreciate if someone can provide info:

- I filed my I-485 on August 06, 2007 for my wife and myself. I have the AOS receipts. Also, I have the EAD and AP receipts. I still don't have my EAD/AP yet for either of us.
- My priority date is October 2004, India (current is April 2004 as of Nov 2007). I am EB2.

I have a very exciting offer to change jobs. The pay has doubled! I want to take the new offer, but I can't ask them to wait until 6 months are over (i.e. until Feb 2008).

I wanted to know: what happens if I take this new job offer? Is there any way I can take up this offer and still retain the validity of my AOS application?

Please advise. Will appreciate any feedback,

Regards.

 

[forumuser]

You may leave the current job any time you wanted, but consider the following :

1) Is your I140 approved ?

A) If your I140 is not approved and if your current employer withdraws the I140 petition, your I485 will be rejected.

B) Even if your I140 is approved, your employer can revoke the I140 causing your I485 rejection.

If you change the job after 180days, your I485 will be valid even if I140 is revoked (AC21) provided other conditions are met.

2) Is your new job similar to the current job ?

A) Your new job must be substantially similar to the job advertised for your GC.
B) It it not very clear on the salary, but if the salary is substantially more or less than your advertised job, the IO might consider it to be different job and might cause issues. There is no clear indication of how much increase can you take.

3) Intent to work for the sponsoring employer.

Another condition the adjudicator looks for is that you have intent to work for the sponsoring employer and the sponsoring employer has intent to hire you. Some say, if you leave the sponsoring employer, it is better to work for them after you got the GC. Some people don't follow it, but I am not sure what issues it might create subsequently. On the other hand if you leave the company after the 180 days, you are considered to have fulfilled the intent to work for them and you are leaving the sponsoring employer by invoking AC21 because it is taking too long (more than 180 days) for adjudication of the case. You are not obliged to go back to the original sponsoring employer after getting the GC.


Disclaimer : I am not a lawyer. An applicant just like you. The above is just my opinion based on my experience and knowledge in these matters. Consult an attorney if you want professional advise.