Form I-485 Application Is Pending, What Are the Risks for My Job
My EB2 National Interest Waiver (NIW) based Form I-140 petition is my employer sponsored. After the EB2 NIW I-140 petition approved by USCIS, my Form I-485 application is pending for more than 180 days. If I want to change job now by using the AC-21 rule, can my employer harm my Form I-485 Green Card application case? and what are the risks for my job change?
The U.S. employer does not control the Form I-485 application process, since it is filed directly by alien employee to USCIS, not filed by U.S. employer. If the Form I-485 application is based on the approved Form I-140 petition in which the employer is a sponsor, the employer can always withdraw or revoke the I-140 petition if they want.
If the Form I-140 petition has been approved already, and the Form I-485 has been pending for 180 days, the employer can still revoke the approved Form I-140 petition. However, this does not prevent the pending Form I-485 case from being approved by USCIS. According to USCIS AC-21 rule, an approved Form I-140 petition remains valid once the Form I-485 application has been pending for more than 180 days, even if the employer requests the revocation of the Form I-140 petition.
|Questions & Answers for Green Card Application|
|EB1 Extraordinary Ability (EB-1A)|
|EB1 Outstanding Professor / Researcher (EB-1B)|
|EB1 Multinational Executive or Manager (EB-1C)|
|EB2 National Interest Waiver (NIW)|
|Form I-485 Adjustment of Status|
|PERM Labor Certification|
|Form I-140 Application after Labor Certification|
|Request For Evidence (RFE) for EB1, NIW, L1 Visa|
|Questions & Answers for Working Visa Application|
|J-1 Waiver of 2-Year Home Residence|
|H-1B Visa Application or Extension|
|O-1 Visa Application or Extension|
|L-1 Visa Application or Extension|
|P-1, P-2, P-3 Visa Application or Extension|
|William's Answers for Immigration Questions|
For All Your Immigration and Green Card Application Needs
© Green Card Application Service, www.greencardapply.com