Applied for EB-3 downgrade and change of employer after 180 days while I-140 is pending
I have applied for EB3 downgrade last October, received the EAD cards, I-140 is still pending. What would be the process for me to change employers at this time? Does the new employer need to start the GC process all over again? As the 180 days have passed since the I-485, what would be the process to use AC21 when I-140 is still pending for same or similar occupation?
The AC21 law says you can change jobs to a same or similar job once your I-140 is approved and I-485 has been pending 180 days. So until the I-140 is approved you are not protected. More...
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I saw my I-485 Denial notice after a week, It is a panicking situation. I changed my employer for permanent position, and my I-140 was cancelled by my old employer. I did not file my AC21, Lesson learnt is, talk to a good attorney rather than asking friends and well wishers. There I choose Rajiv Khanna, we got 30 days to appeal after denial, answered all my questions, It was 180 days passed after I-485 applied, It is not a correct decision from USCIS.
My case, Motion to reopen (MTR) received to USCIS in 10 days from Rajiv Khanna's office. Do i need to say, He is the best and have a good team to support and help me out in a short time.
Guess what, my case was re-opened and I got my Green card in 2 months. I am waiting for my Family MTR and GC. It is time to thank Rajiv Ji , Kunal Ji and Team . I really appreciate for all the work you did in my difficult situation. Thank you.