Green Card Stage 3 to New Employer.

[elganjones]

Hi,

I need clarification when i can switch employer based on my Green Card EB2 process. My I-140 has been filed and approved, i have a visa number (A#) and my I485 has been filed and in process, I have recieved my Advance Parole and work permit EAD card. The situation has turned for the worse this week, I may be facing a layoff from work, so I need clarification, when is it OK to switch employers based on my green card process. I am at the final stages and just waiting for adjustment of status.

Thanks.

[pontevecchio]

If it is 180 days since the AOS is pending you can use AC21 provisions to change your employer in a similar field. Talk to a Lawyer if you must.

[elganjones]

Thanks, I had a follow on on this, what happens if I am laid off anywhere in the AOS process time. I had my fingerprints done so I am done on my end, just waiting for USCIS to process and provide permanent resident card. If I get laid off from sponsoring company before receiving the GC will the processing still continue? All approvals are done and money changed hands just a waiting game now.

[pontevecchio]

As long as you can answer any RFE if issued or as long as you join accompany in the same field it makes no difference if you lose a job while awaiting AOS.

[elganjones]

Thanks for answering my question!