What Are the Risks for My Job Change after the Form I-485 Application Is Pending, Risks, Job Change, Form I-485 Application, I-485 Pending

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What Are the Risks for My Job
Change after the Form I-485 Application Is Pending?

Hi William,

My EB2 National Interest Waiver (NIW) based Form I-140 petition is my employer sponsored. After the EB2 NIW I-140 petition approved by USCIS, my Form 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 Form I-485 Green Card application case? and what are the risks for my job change?

Answer,

If your Form I-485 has been pending for less than 180 days, changing jobs will generally invalidate your application unless it is in a category that does not require an employer sponsor. If pending for 180 days or more, you can utilize AC21 portability to change to a "same or similar" job.

The U.S. employer does not control the Form I-485 application process, since it is filed directly by alien employee to USCIS, not filed by U.S. employer. If the Form I-485 application is based on the approved Form I-140 petition in which the employer is a sponsor, the employer can always withdraw or revoke the I-140 petition if they want.

If the Form I-140 petition has been approved already, and the Form I-485 has been pending for 180 days, the employer can still revoke the approved Form I-140 petition. However, this does not prevent the pending Form I-485 case from being approved by USCIS. According to USCIS AC-21 rule, an approved Form I-140 petition remains valid once the Form I-485 application has been pending for more than 180 days, even if the employer requests the revocation of the Form I-140 petition.

Under the American Competitiveness in the Twenty-First Century Act (AC21), you can change employers without restarting your green card process if:

1) Your Form I-485 has been pending for at least 180 days from the USCIS receipt date.

2) Your underlying Form I-140 is approved (or was filed concurrently and is later approved).

3) Your new role is in the "same or similar" occupational classification as your original labor certification or I-140 job.