Risks of changing jobs after 180 days!

O

oris

Registered Users (C)
I have accepted a job offer -same type of work- from another company. I have I-140 approved, and more than 300 days passed
since I applied for I-485.
My question is this: how much of a risk am I taking as far as the current employer revoking the I-140(I keep hearing conflicting stories-does the company have a legal basis to do it)?
Should I work with my EAD or apply for an H1-B extension for the new employer -I already have my 7th year extension with the current company?
I spoke to my lawyer. He says I should not have to worry about anything and use my EAD to change jobs.

I would appreciate any information that would help me make my decision.
:confused:
 
Last edited by a moderator:
Per AC21, you don't have any problem. Use EAD for new job.

The problem raises only if BCIS officer misinterprets AC21.
 
oris:

To answer your questions:

Q: How much of a risk am I taking as far as the current employer revoking the I-140(I keep hearing conflicting stories-does the company have a legal basis to do it)?

A: Based on the recent clarification that BCIS provided, even if your employer revokes your I-140, your I-485 should still be approved provided 180 days have passed since you filed your 485. Since 300 days have passed since your 485 app, you're safe.

Q: Should I work with my EAD or apply for an H1-B extension for the new employer -I already have my 7th year extension with the current company?

A: You're better off working on your EAD. You could change jobs easily and also do multiple jobs if you like.
 
This issue is discussed hundreds of times here and also hundreds of people hae changed jobs after 180 days(of I485 filing) and all of them got their GC's. So don't worry and join what ever company you like.
 
what if 140 has not been approved but 180 days has passed ?

Can I change the job if my 140 has NOT been approved yet but 180 days has passed since I con-currently filed 485/140 ? I do have gotten EAD.
 
Re: what if 140 has not been approved but 180 days has passed ?

Originally posted by abc12321
Can I change the job if my 140 has NOT been approved yet but 180 days has passed since I con-currently filed 485/140 ? I do have gotten EAD.
Click to expand...

NOPE, you have to have an approved I-140 to change the jobs.
 
ABC12321

It may be better to wait until your 140 is approved, Check ms murthy's chat archive I recall somebody asking this question.
 
what if job description matches to 50%

Can I change to a new job which matches only 50% to my LC job description using ac21.

Thanks,
Saravanan.
 
May be usefull info..

Yesterday I had consulted one attorney at Murthy's office regarding delay in my 485 case and she told me AC21 success rate is high as long 140 is not revoked before 180 days. She also mentioned if 140 is revoked, BCIS on-line status does not get updated in timely fashion. So guys, no one is sure abt this.

Abt the delay there is no way to know the exact status from respective service centres but to call NCSC. For LOSM clients, attorney can make effort to go through AILA to expedite the processing but only if max time is reach ie. close to 2 yrs after filing 485.

Hope this helps for all Nov applicants. Good luck.
 
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