Hi
William:
I
filed I-140 and I-485 concurrently
in the EB2 category based on PERM Labor Certification. Since the I-485
has been
pending for more than 180 days, can I use
AC-21 rule to change employer at
this time before I-140 approval?
Answer:
The change of employer
when the I-140 petition has not yet been approved
is risky. One of the key problems includes the possibility of a Request
For
Evidence (RFE) on the I-140 petition.
When the I-140 is reviewed, the
USCIS
can issue an RFE. Since the I-140 is filed by the employer, under
current practices, the RFE is sent to the employer. Thus, even if the
RFE addresses matters that involve the
alien beneficiary, such as education and experience, it will be sent to
the employer. If the employer does not respond, or responds stating the
beneficiary is no longer employed by the petitioner, the I-140 will
likely be denied.
|
©
Green Card Application
Service, www.greencardapply.com