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With My I-140 and I-485 Pending for more than 180 days, Can I change Job now? |
Dr. William:
My current U.S. employer is about to sell its operations in Taiwan. If it happens, I am extremely concerned because it can jeopardize the EB-1C petition which needs a proof that the two companies are related. I will reach 180 days of I-140/I-485 filing in a matter of a few days. Can I change to another company in another city that is willing to offer me a financial manager position for its overseas operation in Europe?
Answer:
Once you pass 180 days of I-485 filing, you will be able to take a new job without jeopardizing your pending I-140/I-485. It is true that the job is located in a different city, the employers may do complete different line of businesses, or the involved international operations also different. From the perspectives of AC-21 rules, location or line of business of employers are all not relevant.
All that matters is whether two jobs belong to a "same or similar occupational classification." The USCIS determines the same or similar occupations based on the Labor Department's Dictionary of Occupational Titles (DOC) or SOC/OES Codes which employers use to file a Labor Certification application.
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