Job Change

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Bachu01

Registered Users (C)
Hi,

I have filed by I-140 & i-485 same time. I got my EAD. My I-140 is still pending for approval. I have following questions.

1. Can I change my job?
2. My current company will not cancel my I-140 still is there any risk here?

Please adivce.
 
Please review this latest press release from USCIS on the AC21.

AC 21 Change of Employer and Issue of Pending I-140 in Concurrent Filing

As people know, the USCIS released a memorandum on August 4, 2003 concerning the validity of I-140 under the AC 21 180-day rule. Among others, the memorandum stipulated that under the AC 21, the I-140 would remain valid if the I-485 applicant changes employment after 180 days of filing of I-485, no matter whether the employer withdraws the original I-140 petition.

Caveat: Where the I-140 is still pending in the I-140/I-485 concurrent filing after 180 days of filing of I-485, USCIS opined that the so-called Yates' memo of August 4, 2003 does not apply. This leaves a number of questions wide open in the concurrent filing where I-140 adjudication drags on. Obviously, the first question should be whether the I-485 applicant will be allowed to change employment after 180 days of filing when I-140 is still pending. The other question is whether the I-140 petition would remain valid, should the original employer withdraw the I-140 petition for the purpose of substitution of the employee. Conservative view dictates that the answer could be "negative." The USCIS said that it would release a separate memorandum on this issue. Until such separate memorandum is released, it may be prudent for the I-485 filers to take a extra precaution before they decide to jump to a new employer
 
You should probably wait till your 140 is approved, and 180 days have passed since 485 filing. Any changes before the above two events have passed is an added risk to your AOS approval.

So keep your chin up for a few more months! Good luck!
 
I am in the same boat

My I-140 is now pending for more than 600 days in CSC.
I-485, EAD, AP filed Dec-2002. None approved yet. Don't know how much longer I have to wait for the I-140 to be approved.
In the mean time got two RFEs. The last one was received more than 6 months back. Any one's I-140 pending for more than 600 days?
Keep us posted. Good luck.
 
If a response to an RFE was received by BCIS more than 90 days ago without a decision, an inquiry may be made. The inquiry system is now just a two-tier system, i.e. sending a fax to the Product Line and after 15 calendar days, an email may be sent to Division XII.
 
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