Withdrawing I-140 processing

P

punithbsampath

Registered Users (C)
I had applied for my I-140, I-485, EAD and AP in July 2003. I have received my EAD and still waiting for my AP.

I would like to switch jobs before my I-140 is approved. I do understand that it means that I have to go through the process of Labour certification and filing for I-140 and I-485 all over again.

1) Do I have to inform the BCIS that I have switched jobs and advise them that I have abandoned the processing of the I-140 and the I-485.

2)And if I do withdraw my current I-140 and I-485 what are the future implications? Will it affect my future I-140 and I-485 filing with my new employer once my labour certification is through in my new job?

Your thoughts and input would be much appreciated.
 
punithbsampath:

1) Do I have to inform the BCIS that I have switched jobs and advise them that I have abandoned the processing of the I-140 and the I-485.
Answer: Yes it is an expectation and you will be better off informing them before they come to you qith questions!

2)And if I do withdraw my current I-140 and I-485 what are the future implications? Will it affect my future I-140 and I-485 filing with my new employer once my labour certification is through in my new job?
answer: No negative implications other than the fact that you are filing a new GC process starting from LC then I-140 then 485/ CP!
Basically changing at this point would mean terminating the existing GC process in its entirety!

I am not sure what the reason is for changing employers prior to I-140 approval but i strongly urge you to continue with your current employer at least till your I-140 approval!
 
Thanks for your recommendations. I will seriously think about sticking around until I get the I-140 approved.

What is your take on the AC-21? Some say that u can change employers as soon as the I-140 is approved(provided that the I140 and the I485 were filed together and 6 months has elapsed). While others say that one would still have to wait for another 6 months following the approval of the I140 (even though the I140 and the I485 were applied together more than 1 year ago).
 
punithbsampath:

Technically speaking you can change jobs based on AC21 on the 181st day after filing 485. Remember you have to wait for 180 days from the date of receipt of 485, not I-140. Whether you file concurrently or otherwise your reeipts dates for I-140 and 485 will mostly be different!

At the same time it is also recommended to wait a little longer than 180 days from the date of receipt of 485 to use AC21 just to avoid frowns from the immigration authorities.
 
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