The Offer of "Temporary" Employment May not be The Interpretation of AC-21


Dr. William:

My I-485 application has been pending for more than 180 days, and I plan to change employer due to my personal reason. I understand that the new job with the next employer must be same as the job described in the approved I-140. My question here is that if the new job can be a temporary job, not a "permanent job"? 


The new employer's offer of employment position should be "intent" to employ the applicant permanently. The offer of "temporary" employment may not be the interpretation of this part of AC-21 by the USCIS. For the I-485 applicant to change job, it has to be an offer of employment in the period of indefinite duration, and the new employer may have to make a commitment to hire the applicant for the permanent employment once I-485 is approved. 

However, it does not mean that the applicant has to to stay with one new employer. The I-485 applicant may be able to change from the first new employer to the second employer, if each of these employers offered not a temporary employment but a permanent employment. 





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