I140 Amendment Pending and AC21


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I have an approved EB3 i140 with company A. Later, company A was acquired by company B, so the lawyer filled an i140 amendment together with i485, as my priority date became current.


My i485 was pending for more than 180 days now, and I would like to change jobs. However, I'm not clear if I can do that, as I have a new pending i140 with company B.


I have the approval notice of the existing i140 and the lawyer hasn't revoked it or touched it.


Can I change jobs based on my existing i140 with company A? And what happens if company B decides to void the new i140 amendment while it's still pending? can that effect the existing approved i140?

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1. Are you eligible for AC21 - as your case stands right now, yet.

2. Can bad things happen and your case go to hell? Unlikely, to possible.


I would suggest talking to a good attorney about it. Just one paid consultation will help you in many ways.

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  • 3 months later...

Yes - as far as I know, i'm eligible for AC21. I haven't found a new position yet, however that shouldn't be a problem.


My notice of action clearly states "As a reminder, you may request to change employers under INA 204 (j) if your Form I-485 Adjustment application has been pending for at least 180 days and your underlying Form I-140 is approved or still pending"


My amendment i-140 & i1485 are pending more than 180 days, and my original i140 got approved back in 2011, so i'm pretty much safe to transfer.


1. If my current employer decides to withdraw the pending amendment i140, my original i140 should still be in effect?

 2. Do I need to wait for the amendment to be approved before it's safe for me to change jobs?


I'll definitely check with a lawyer before, just want to get an idea of my status

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As your I-140 amendment is still pending, even if I-485 notice states that you can change the jobs after 180 days of filing I-485, you are not eligible to change jobs. You need to wait until I-140 amendment is approved. Original I-140 approval is of no use now that I-140 amendment is filed. 


This opinion is based on the similar cases I read. Talk to a good immi. lawyer before deciding anything.

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  • 2 weeks later...

This is strange. If I read correctly, from http://www.***************.com/************ and other sources, it's clearly states I can switch jobs 180 days after my i485 was submitted. The i140 can either be in approved or pending status. This is exactly what is printed on my notice action.


Does an i140 amendment follow different guidelines? My i140 amendment should be approvable. It was submitted by experienced immigration law firm and the fact my original i140 was approved without any issues should help.


Another question - my i140 amendment has been pending for more than 10 months now. Is that normal? my original i140 took around 3-4 months...

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  • 1 year later...
  • 9 months later...
On 4/17/2016 at 2:27 PM, srmed123 said:

Hi gport123, I am in a similar situation as yours. Were you able to change employers using AC21 while you I-140 amendment is still pending? Please let me know.

Can someone suggest what was the action taken. I am also in same situation. I140 and I485 is pending more than 180 days.

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