When can I change jobs after doing concurrent filing for I-140 and I-485

G

gc_chaiye

Registered Users (C)
Dear all,

I want to ask you, if a person has done concurrent filing of I-140 and I-485 stages and his EAD comes in 2 months or so. Then he would need to wait for 6 months from the date I-485 was applied and then change employers. (There is an understanding with the employer filing GC that he will keep me on his payroll with a long leave of absence).
What happens in case 6 months have passed since this concurrent filing and EAD has come but I-140 is still not approved? Can a person still change employers in this case as his EAD was applied 6 months back but I-140 is still not approved?

Thanks
 
I1-40 & I1-485 Pending 6 months

Hi,

I have the same question.Can someone shed more light on this.waht would be the case if one changes employer after six month of filing of I1-40 and I1-485 and I-140 Not approved. and employer still supporting the GC.

Thanks for the help.
 
Think reasonably. Obviously I-485 rests on I-140. Without approved I-140, there is no I-485. Before concurrent filing, I-140 must be approved to file for I-485. If you switch employers by taking the fact that just your I-485 is pending for 180 days and still I-140 not approved, then later if either I-140 is revoked by employer or I-140 is denied for some reason, do you think your I-485 still has to be approved?

It doesn't make any sense. Whatever way you interpret AC21, the safest bet is I-140 has to be approved whatever the case it might be. As there are no clear rules and guidelines about AC21, each has their own interpretation to suit their needs. Till BCIS clearly issue a rule that I-140 need not be approved to switch employers if I-1485 is pending for 180 days(which is very unlikely even if BCIS comes with rules), don't listen to any false interpretations and put yourselves in regrettable position.

Thinking rationally, I-140 has to be approved. Unfortunately the worst thing happening for everybody is that it is taking nearly 15 months for I-140 to be approved at VSC. Before they used to approve within three months. Now everybody is in such helpless position that they cannot able to use AC21 (so many want to switch employers), taking the fact that their I-140 is still pending. What an irony?

I want to add an amendment to the above. Let say if somebody switched employer after 180 days and still I-140 pending, then sometime much later in future, I-140 got approved providing that previous employer didn't revoke I-140, what happens to I-485. There are so many different scenarios and each needs an interpretation. Ironically, I-485 is for future employment also. What if there is an RFE for I-140 and what there are no RFE's and the case is straightforward.

Well there are so many tricky situations. All depends on each person's luck and fate. Every person's case and situation is different.

These are my thoughts.
 
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