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Attorney_22

Employment Changes After Filing for Adjustment of Status

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This week, Murthy Law Firm attorneys will answer questions regarding changes in employment after filing an adjustment of status application (I-485).    

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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Given the huge number of I-485 applications filed with the USCIS since Oct 2020, will USCIS be able to process and issue the 120K extra green card (that spilled over from FB-2020 to EB-2021) in FY 2021? If they are unable to process all of them, will the left over green card be available for the backlog through 2022? Thanks.

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Hi, My green application has title as "Software Engineer". I just filled for EAD. After receiving my EAD, if I change employer with different title like "Team Leader", is that impact my green card process?

Edited by francis123
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Right after filing Adjustment of Status, what happens if the applicant changes to a new employer. Does it disqualify the current AOS or does the new employer need to file for PERM meaning start from the scratch. What if the current employer is okay with the applicant moving to a new employer and would not revoke I-485. Thanks.

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I have filed 485 in 2012 then changed employers multiple times while using EAD for employment. Now when the FA date gets current, what are the implications for below: 

1- Should AC21 be filed at the time of changing employers or after FA date gets current?

2- If AC21 was not filed at the time of joining is it advisable to file it later or to rejoin the sponsoring employer? What other steps should be followed?

Thanks so much!

Regards,

Nikhil.

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Hello. I was hoping  Murthy Law Firm attorneys could help us out with your suggestions on a unique situation we are in. We recently received our I-485/765/131 notices. My A number from I-140 is correctly captured. My wife (derivative) received an A number on her notices. We realized that she already has an A number from her H4 EAD which is different from the new one. The problem however is that we never filled her I485 with her EAD   A number. Some sources say that previous A number is temporary and shouldn’t be used in I-485. Could you please suggest what should be our plan of action? Contact USCIS to rectify? Submit new I-485s? Thank you as always for your help.

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On 11/13/2020 at 8:13 AM, francis123 said:

Hi, My green application has title as "Software Engineer". I just filled for EAD. After receiving my EAD, if I change employer with different title like "Team Leader", is that impact my green card process?

To carry your immigrant job offer to the new employer, the new position needs to be substantially similar to the original position listed on the I-140. The job can also qualify if normal job progression. You should also be aware of the other requirements for AC21. 

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On 11/16/2020 at 3:31 PM, TomRusky said:

Right after filing Adjustment of Status, what happens if the applicant changes to a new employer. Does it disqualify the current AOS or does the new employer need to file for PERM meaning start from the scratch. What if the current employer is okay with the applicant moving to a new employer and would not revoke I-485. Thanks.

An I-485 is the Applicant's application, and therefore, an employer cannot revoke it. However, the timeframe is important,  as AC21 requires the AOS to have been pending at least 180 days. There are also other aspects of the provisions of AC21 you should look into prior to making any changes.  

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On 11/17/2020 at 1:33 PM, Nik_w said:

I have filed 485 in 2012 then changed employers multiple times while using EAD for employment. Now when the FA date gets current, what are the implications for below: 

1- Should AC21 be filed at the time of changing employers or after FA date gets current?

2- If AC21 was not filed at the time of joining is it advisable to file it later or to rejoin the sponsoring employer? What other steps should be followed?

Thanks so much!

Regards,

Nikhil.

Ideally, it is best to file an AC21 notification each time you change your job offer. 

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On 11/18/2020 at 6:08 AM, Bkr123 said:

Do we really need to wait 180 days after i485 receipt for changing employer?

 

also is H1B transfer required after receiving EAD?

 

thank you!

 

It is probably best for you to call our office and speak to one of our attorneys. However, as a general rule, to utilize AC21 the AOS needs to be pending at least 180 days. 

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