Can I change job after filing I-485 before 180 days?

For you to change the offer of employment or employer, your Form I-485 must have been pending with USCIS for 180 days or more. You may request to “port” your job offer using the Form I-485, Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j).

When can I change employer after 485 approval?

Once your employment sponsored I-485 is approved, you are a lawful permanent resident able to work for whomever you wish (or not at all). Many attorneys, myself included, advise you to not change positions or employers until 180 days or six months from the date of filing the I-485 or after approval.

Can we change jobs when i485 pending?

Simply put, YES, you can change your employment while waiting for final approval of your Green Card application if your I-485 application has been pending for 180 days or more. HOWEVER, there are rules to portability that you must consider, less you face denial of your application.

Can I change jobs while waiting for my green card?

Green card applicants often ask if they are able to change employment while waiting for final approval. The answer is yes, if you follow established portability rules. Generally, if your I-485 application has been pending for 180 days or more, you are eligible to change jobs and continue your green card application.

Can employer withdraw i-485?

The I-485 is based on the I-140, however, which is the employer's filing. The employer can always withdraw or request to 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 request to revoke the I-140 petition approval.

Changing Jobs While AOS (I-485) is Pending

Can we file I-485 with previous employer?

The main thing to understand here is that you can file i-485 without an employer but the USCIS cannot approve it without a valid and current offer of employment from a US employer. This holds true for all employment-based green card queues like EB-1, EB-2, and EB-3.

Can I change jobs after getting EAD?

If the person is on EAD/Advance Parole, he/she has to immediately leave the country. Person can change the employer under AC21 portability rule if the Adjustment of Status (I-485) application has been pending for more than 6 months and certain conditions are met.

What is my status while I-485 is pending?

If you have filed Form I-485, Application to Adjust Status, you generally are not confined by the restrictions on your non-immigrant visa. You have the right to remain in the United States while the application is pending. As an F-1 student, you could potentially drop out of school.

Can I change job while I-140 is pending?

If you have filed an I-140 and you wish to leave your current employer and take a new job, be sure that new job in a "same or similar occupational classification" and that your I-485 has been pending for at least 180 days in order to take advantage of the portability provisions of AC21.

What happens after I-485 is filed?

After your I-485 is filed, you will receive a notice in the mail about your biometrics services appointment, which will be held at a local Application Support Center (ASC). The notice will tell you the date, time, and location of your appointment.

What happens if you lose job on EAD?

If you lose your job you don't need to go to the USCIS and tell them immediately. Instead, applicants need to do two things: Make sure you will receive an EAD—Employee Authorization Document. Sometimes I-485 applicants will already be receiving these before a green card is issued.

How long can you stay on EAD without job?

There is no time limit. With your I-485 having been filed and pending for more than 180 days you are in great shape to "port" to another employer, as long as in the "same" or "similar" "occupation"...

Can I change jobs 6 months after I-140 approval?

You may use the approved I-140 petition to request an H-1B extension and/or change of employer as long as the I-140 remains valid. This may grant you an extension beyond the maximum six-year period of stay.

Can two employers file for green card?

There was nothing illegal about two different employers applying for two different Green Card petitions on your behalf. You will have the luxury of the deciding later which one you would like to pick and proceed with when the time comes.

What happens to EAD if I-485 is denied?

If the I-485 is denied, then the applicant cannot remain in the U.S. and will have to leave. If, however, the applicant does not use the EAD, he/she will be able to retain his/her visa status and remain in the U.S. for the duration of his/her non-immigrant visa, even if the I-485 application is denied.

How long is 485 EAD valid?

The validity period is stated on the EAD. This period can be either one or two years. The two-year EAD is given, in most instances, when the priority date is not current.

What is the processing time for I-485?

Form I-485 Processing Time Summary

After filing Form I-485, Application to Adjust Status, and related forms, your I-485 processing time can take anywhere from 8 to 14 months. The basis of your adjustment of status (e.g. family, employment, asylum, etc.) will be a significant factor. This is an approximation.

Can I file I-485 while I 130 is pending?

You still have the option to file your I-485 application any time after your petitioner files a Form I-130, for you, as long as it has not been denied. Generally, you will need to submit a copy of Form I-797, Notice of Action, with your Form I-485, that shows the Form I-130 petition is either pending or approved.

Does USCIS call your job?

USCIS does not call previous employer, if at any stage, USCIS has any questions it will send Request for evidence and seek answers.

What is 180 day portability rule?

The 180-day portability rule provides that if a person has submitted an application for I-485 adjustment of status and has an I-140 visa petition approved under one of the Employment-Based preference categories, he can change jobs and still adjust his status as long as the new job is in the same or a similar occupation ...

What happened after I withdraw my i-485?

Consequences of Withdrawing I-485

Your Employment Authorization Document (EAD) may become invalid once the I-485 petition is revoked. This may prevent you from working in the United States. It is also possible you will have a harder time entering the United States in the future.

Can I be unemployed on GC EAD?

If you have a work permit to lawfully work in the U.S. (an EAD), you could be eligible for unemployment insurance benefits if you have lost your job. Here in California, you may qualify for benefits if your hours have been reduced and you don't need to have lost your job entirely.

What do I do if I-485 pending for 3 years?

It would be very helpful to show it to a lawyer. There could be something very wrong with the application that is causing this delay. Otherwise, if there is no basis for the delay, then it would be necessary to file a petition for writ of Mandamus with the federal court to get a decision.