Can My Employer Harm My I-485 Application after NIW Approval and Change Job?

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Can My Employer Harm My I-485 Application after Changing Job?

Hi William:

My EB2 NIW application is employer sponsored, and the 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 I-485 Green Card case? What are the risks?

Answer:

The employer does not control the I-485 application, since it is filed directly by you, not employer. In your case, the I-485 is based on the NIW I-140 which is the employer's filing. The employer can always withdraw or revoke the I-140 petition. If the I-140 petition has been approved, and the I-485 has been pending for 180 days, the employer can still revoke the I-140 petition approval.

However, this does not prevent your case from being approved. Under the USCIS memo, an approved I-140 petition remains valid, once the I-485 application has been pending for 180 days, even if the employer requests the revocation of the I-140 petition.

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