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"? 


A:

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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