Interfiling, Spouse 485 applied...can i change employer?

[sairam24252425]

I am the main applicant with PD of 2005 in EB3. I have filed my 485 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 at the same time.

Now I have Fulltime offer from the client I am working.

Can I change the Employer at this time?

How safe it is?

What are the Risks involved?

[Belle]

You probably need a consultation with a good lawyer. You will need to talk about AC21 and maintaining immgration status (assuming you need to).

[Belle]

And why are asking about interfiling?

[sairam24252425]

Belle, Thanks for the Response.

Because, my 140 in EB2 got approved from the same Employer. And attorney submitted Interfiling Porting Letter on Aug 30th.

I heard we can change Employer only after 180 days of 485 filed.

I am confused of whether it is my 485 that is applied in 2007, or is it the 180 days after interfiling or is it the 485 that i applied for my 485??

[Belle]

180 since the date I-485 was filed. Yes, you are eligible for AC21 portability. Whether your new I-140 is eligible for it, you would need to ask a lawyer. Probably is, since the law does not say otherwise.