We can take any job offer under AC21 - attorney murthy- Surprising.

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485at85

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What if there is a Job Change?

As regular readers of MurthyDotCom and the MurthyBulletin know, under AC21 it is possible in certain circumstances to obtain approval of the employment-based I-485 through a job offer other than the one stated in the labor certification. This ability is based on the I-140 having been approved and the I-485 pending for at least 180 days. Many people coordinated departures from their jobs with the length of time they thought it would take to process their I-485 cases. That is, the intent was to leave but they might have waited, leisurely searching for a new job based on an expectation of lengthy processing times. This is no longer prudent since the I-485 approval times have become so unpredictable.

- Latest Murthy bulletin

Can some one clarify?

I was under the impression that I have to go for a same or similar posiotion. Under what circumstaces can I take diffrent job other than mentioned in LC?
 
Here is the actual text from USCIS memo released in Aug, 2003.

If the Form I-140 (“immigrant petition”) has been approved and the Form I-485 (“adjustment application”) has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or
similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.

http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
 
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usnycus said:
Here is the actual text from USCIS memo released in Aug, 2003.

If the Form I-140 (“immigrant petition”) has been approved and the Form I-485 (“adjustment application”) has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or
similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.

http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
Click to expand...


Are there any other memos out there which supports Murthy's statement?
 
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