Can I Change Employer When My Form I-485 Petition Is Pending?
Can I change employer when my I-485 is pending? Will it influence the validity of my I-140 approval?
The law provides that individuals who have filed for adjustment of status and whose cases have been pending for more than 180 days may change jobs or employers, without affecting the validity of the underlying I-140 or labor certification, as long as the new job is in the same or a similar occupational classification.
Although the government cannot deny your I-485 application on the sole basis that you left your employer before 180 days have passed, it can issue a request for evidence (RFE) to determine whether the original offer of employment was bona fide. Your sponsor’s support could be necessary to respond to the RFE and its refusal to cooperate could mean denial of your I-485 application.
Also, if your sponsor withdraws the approved the I-140 petition before the 180 days have run, portability will not apply and your green card application will be denied.
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