What is the process to file I-485J under EB1C category for a job change?


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I am on a L visa and planning a job change while waiting for my priority date to be current. It has been more than 180 days since I-485 was filed by my current employer and I am through with interview process as well.

Q1. Can I change my job with my current EAD / AP without filing for I-485 J? Is it advisable?
Q2. Can the prospective employer file the I-485J and get approval before I actually join the company as I dont want to run the risk of I-485J denial after joining the company
Q3 In the even question 2 is possible, does my current employer get to know when a I-485J is filed
Q4 lastly what all documentation is needed to transfer my green card from my current company's lawyer to prospective company's lawyer

Thanks and appreciate your help on this.

 
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  • 2 months later...

It is always safest to wait for the approval of the I-140 before using AC21 Green Card portability. The I-485J is actually filed by the I485 Applicant and they can use any attorney to represent them. It is the Applicant's form to file with part signed off by the Applicant and part by the new employer verifying the job offer. 

 

It is generally good practice to have a complete copy of one's I-485 Application, the I-140 and LC when moving on to another job. Sometimes it is possible to get these thru a FOIA request if the employer is unwilling to provide them.

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