Moving to new employer on EAD - do I need to refile perm and I140


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Posted

Earlier I was in EB3 category and had my 485 filed. Also had I140 and EAD/AP approved.

Gave up my H1 and started working on EAD.

Then I switched to new employer and filed for EB2 category. Now I have got the perm and I140 approved through new employer. Its been more than 6 months since approval.

My question is - if I switch to another employer now and start working using my EAD, what does it take to keep my Green Card application valid? Does the new employer have to file Perm and I140? Or do I just need to do AC21?

If I only have to do AC21, it doesn't make any sense. Since my current employer is the one who files the Perm and I140, how can the green card application be valid unless the new employer also files the same? But few friends are saying it doesn't matter and all I need to do is file AC21.

Can someone please advise

thanks

Posted

Prior to making any decisions please speak directly with a qualified U.S. immigration attorney. Generally, unless your currently pending I-485 was interfiled with the EB2 I-140 when your priority date was current, if you utilize AC21 now you will still be in the EB3 category.

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