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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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Change of employer after 180 days with approved I-140
My downgrade application has been pending for over six months now and have approved I-140 in both EB2 and EB3 with the same employer. Now if I change my job and later my date becomes current in EB2 then does the new employer have to file a new perm and an I-140 under EB2 category again or filing just an I-485J should be enough regardless of the category?
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Change of employer after 180 days with approved I-140
Until you file the I 485 and that remains pending 180 days, the green card will have to be done again.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Can my spouse change her job using the EAD if my EB2 to EB3 down
My EB2 to EB3 downgrade I-140 aproval is pending (more than 180 days). But I have received my EAD and also my wife received her EAD. Per your comment above I should not change my job till the I-140 is approved because I wont be protected under AC21 law. But can my wife change her job using her EAD she received? She is currently on her separate H1B.
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