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sairam24252425

How to count 180 days in my case to change the Employer?

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Hi

I am the main applicant with PD of 2005 in EB3. I have filed my 485(concurrent filing) in September 2007.

My 140 in EB2 got approved in August lastmonth and attorney sent Interfiling Letter on Aug 30th and also filed 485 to my wife(on August 30 2011) at the same time.

Now I got good Fulltime offer from the client I am working at. I heard we cannot change the employer within 180 days of 485 is filed. I am confused how to count 180 days in my case.

(1). Is it the count from the day that 485 is applied in September 2007?

(2). or Is it the count from the day that Interfiling letter is sent?

(3). or Is it the count from the day i have filed 485 to my wife?

Appreciate your responses.

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" I heard we cannot change the employer within 180 days of 485 is filed. "

That's not true. You are not eligible for AC21 for 180 days, but you can change employers. One does not have to impact another.

180 days are always counted from I-485 filing date.

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Belle,

You mentioned -

You are not eligible for AC21 for 180 days, but you can change employers. One does not have to impact another.

Can you please help me on below question -

1. We can change employers within 180 days of filing of 485 ? If yes, then when should we file of AC21 ?

Many thanks in advance.

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"We can change employers within 180 days of filing of 485 ? If yes, then when should we file of AC21 ?"

I already answered your question. "In order to ask a question you must already know most of the answer." Robert Sheckley.

There is a difference between changing immediate employment and changing sponsoring employer for a future permanent job. First, they don't have to happen simultaneously. Second, different things are needed to accomlish each. To change the employer, you need work authrization (H1 transfer or EAD), and to change a sponsor, you need to port I-140, which means AC21.

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If you change your employer within 180 days you will have to restart your GC process with the new company. Other option is once 485 is approved your old employer should offer you the job for which you were sponsored.

If you change employer after 180 days you can transfer sponsorship - but the new job should match the duties and the responsibilities of the job you were sponsored for buy your old employer.

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"If you change your employer within 180 days you will have to restart your GC process with the new company. "

That is incorrect. You can't use AC21 for 180 days, but it does not mean that you will not get to use AC21 ever.

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