AC21 AND EMPLOYMENT CHANGES AFTER FILING FOR ADJUSTMENT OF STATUS

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding AC21 and changes to your employment after filing for Adjustment of Status.   

If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney.

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.

[rbp]

HI, 

I have EB2 approved and EB3 downgrade filed with Employer-A along with AOS since PD was current at that time (March 2013).

After 180 days, i moved to new Employer-B; my I-140 with Employer-A is still not approved yet and received the EAD+AP.

Question i have, can i interfile for EB-2 while being at Employer-B OR do i need to start with new PERM for EB2 at Employer-B?

Please advise.

 

Edited June 3, 2022 by rbp

[Abhishek13]

Does the new job need to have exact same job requirements as captured in the PERM filing of the original job for which I-140 was approved and used to file I-485 or can it be just educational degree requirements match with generic job duties that are NOT Industry specific?

Any requirements (minimum) or recommended time frame before attempting a switch in job after I-485 filing? Thanks!

[Attorney_22]

On 6/3/2022 at 12:54 AM, rbp said:

HI, 

I have EB2 approved and EB3 downgrade filed with Employer-A along with AOS since PD was current at that time (March 2013).

After 180 days, i moved to new Employer-B; my I-140 with Employer-A is still not approved yet and received the EAD+AP.

Question i have, can i interfile for EB-2 while being at Employer-B OR do i need to start with new PERM for EB2 at Employer-B?

Please advise.

 

Interfiling the old EB2 I-140 is only available if that old offer of employment is still available and you intend to work there when the green card is approved. If not, then your current employer needs to start their own PERM and I-140.  

[Attorney_22]

On 6/3/2022 at 11:53 AM, Abhishek13 said:

Does the new job need to have exact same job requirements as captured in the PERM filing of the original job for which I-140 was approved and used to file I-485 or can it be just educational degree requirements match with generic job duties that are NOT Industry specific?

Any requirements (minimum) or recommended time frame before attempting a switch in job after I-485 filing? Thanks!

If you are trying to use AC21, the new position must be substantially similar or be considered normal job progression. You can also find information here: https://www.murthy.com/2021/06/28/ac21-frequently-asked-questions-july-2012-update/

[abcd123pos]

I had my EB2 approved with emplyer A and My priority date is Nov 2014. I was in EB2 (India) and applied for downgrade to EB3 along with i485 during November 2020. I got my EB3  I-140 approved from employer A and switched to new employer with AC21 after 180 days.  

Now, since EB2 is  moving faster, are there any ways to use my EB2 from my old employer and do interfiling? 

My old employer has not withdrawn the eb2 I140. So is there a way for me to ask my old employer to interfile back to eb2?