If I File I-485 now, May I Change My Current Job after 180 Days?

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Hi William:

I recently filed Form I-140 in the category of EB1 Extraordinary Ability. Currently I am on J-1 visa and waiting for H-1B approval from USCIS. I would like to concurrently file I-485 also. If I file I-485 now, may I change my current job after 180 days? Thank you for your time and advice.

Answer:

Under AC21 rule, you can change job after 180 days of filing I-485. But the new employment position should be similar or same as the job classification in the form I-140, and the form I-140 petition should be approved already.

If your I-140 petition is still pending, you can not change employer, even the I-485 application has passed 180 days. Here, only the APPROVED form I-140 is portable to a new employer, after passage of 180 days of form I-485 filing.

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