Changing Employer - EB1C- AOS pending

[JNJOE]

Dear All,

My EB1- C  i-140  from my current employer (Say A) along with 485 (concurrent) was filed on Feb-2019.  i-140 Got approved Aug-2019. I'm currently on EAD ( valid till 2021).

Its now about 1.5 years since my i-140 is approved and around 1.8 years  since my i-485 was filed.

I received a new job offer (same managerial position) from a new employer (say B). Now,

1. To Join the new company, should i file a new i-140? or the existing approved i-140 is good?

2. Can my Employer A revoke my approved i-140?

3. Will my priority date change due to this switch?

3. Any other document should i file for accepting my new job with the new employer B?

Thanks

Joe

[pontevecchio]

I suspect you mean 2018. If your AOS is pending more than 180 days, you can use AC21 provisions to change employers in the same field. Get yourself a good lawyer. What you propose is possible.

[JNJOE]

Dear pontevecchio,

Thanks for the reply. Yes it was a typo and the year my i-140,485 was filed is Feb-2018.

Do I need to file a new i-140 if i go with the new employer or does my current approved i-140 will work?

Thanks

Joe

[pontevecchio]

Once your AOS is on file for more than 6 months, You are allowed by AC21 provisions to change employers in the same field with "same" being roughly the same. Keep a lawyer in the loop and you will be fine.

[arthur]

Am I allowed to change jobs in the time after an I-140 has been approved but before an I-485 can be be filed?  I am on a L-1A visa where my employer is in the process of filing my I-140 under EB1C.  My nationality-at-birth is Indian.

Thank you.

 

 

 

 

[pontevecchio]

No.

[Rahul7]

I am in the same situation currently. Already 2-3 employers reached out to me for hiring, but not sure if switching employer at this stage will impact the GC process.

Is there any reasonable answer to this question, because I am sure there would many folks in the similar situation with huge retrogression in EB1 dates for India.