Change employers with pending I-485 (I-140 approved)

[coolbuddy_08]

I am working for Company A for the past 4-5 years. My company is sponsoring my green card. I have my 1-140 approved, and have also applied for I-485. I am currently on H1B VISA. Since my priority date is not current, I am still waiting for I-485 to be approved. It has been well over 180 days since my I-485 was filed. Given this, I would appreciate help to the following two questions:

1. I would like to know if I can change employer at this stage without forfeiting my green card status i.e. still maintain my I-485 application along with priority date, even if I change my company.

2. My spouse has also applied green card through me. If I change my employer, would my spouse's green card status be affected.

[pontevecchio]

1. Yes if the job is in the same field 2. She has not. She needs to maintain status till your PD is current and then she can file for AOS. Is there any specific reason why you are not thinking of keeping a Lawyer in the loop? I would strongly suggest that you do.

[Belle]

You need to read about AC21 portability and schedule a consultation with a lawyer to review your new job offer.

[coolbuddy_08]

Thank you so much for your replies. I have some idea about AC21, but I need to understand it better. Is there a detailed explanation of AC21 anywhere on Murthy website?

I also wanted to mention that by saying "my spouse has also applied for green card through me", I meant, that my spouse is also currently awaiting decision on I-485 (applied through me). My spouse currently has H1B VISA status (employer sponsored)

I also had a general question that with the latest efforts on immigration overhaul, is it possible that it could affect rules of AC21? I would want to be careful on changing my employer if the new rules with immigration overhaul could significantly affect existing rules of AC21. Please advise

[Belle]

Your spouse has filed based on 1) marriage 2) your I-485 pending - as long as those two things exist, there is no change to your spouse's I-485. H1 is separate, but a pending I-485 does not impact H1 and vice versa. Don't count on changes to the laws until those are voted in.