Job Change (EB3; I-485 Filed since Sept. 2007)


Recommended Posts

I am employed with Pharmaceutical Company  on H1B visa since 2006. My H1B visa is valid until June 2015. Also, the company had filed employment based Green Card petition for me in 2007. My I140 was approved in January 2007 and I485 has been filed since September 2007.


I have received a notice for lay off from (the sponsor company) and my last day of employment is January 2nd 2015. I do not have a clear understanding is of the implications of this lay-off on my green card petition and future employment options. I am seeking an expert advice. My questions are as follows:


  1. My I140 is approved and I485 is filed since September 2007. Am I eligible for AC21 (the “180 day rule”)?
  2. Once I find a new job, do I have to re-submit I140 and I485 through the new employer?
  3. My current job description in the green card petition explicitly states that the job should be in a pharmaceutical company, however exactly same jobs are available in Bio-pharmaceutical, Medical device and Neutraceutical companies as well. Can I work for those other companies instead of a pharmaceutical company? All industries listed above work on the same scientific principles.
  4. If the employer is not a pharmaceutical company, do I have to re-submit I140 and I485?
  5. Can I be without a job (even for a day or two)? Does it have any implications on green card process?
  6. Can I be self-employed (on 1099 instead of W2) until I find a permanent job?
  7. When my EAD and AP are up for renewal, do I have to renew on my own or does it always have to be renewed by the employer?
  8. Is it recommendable to continue on H1B?


Further details about my green card petition are as follows:





I140 approval

Jan 2008

I485 filed

Sep 2007

EB preference category


Job duties as described in Green Card petition

"Apply Scientific principles of Chemistry to manufacturing of solid dosage tablets and capsules in Pharmaceutical Industry. Ensure that all phases of manufacturing activities are performed in a safe manner and in compliance with strictly controlled manufacturing practices, according to standard operating procedures and with adherence to all regulatory requirements. Ensure  that all phases of manufacturing activities are performed in a safe manner. Ensure that all manufacturing processes and equipment utilization procedures such as weighing, blending, wet granulation  are in complaince with regulations and internval company quality standards.













Thank you so much for your help.


Link to comment

You would seem to be in a safe harbor with many choices of using AC21 in a roughly similar field. AOS is your baby and not the companies. To use AC21 you merely need to provide an appropriate EVL and the new company has no other role. In view of your long investment in time here and since you have a few months left I strongly urge you to consult the firm of Murthy or any of your choice in the matter.

Link to comment
  • 4 weeks later...

1. Yes.

2. Not if using AC21. AC21 has additional rules, though, not just the dates.

3, 4. It really does not matter what the industry is. What matters is a function.

5. You can maintain eligibility without being employed until your I-485 is approved.

6. Yes. Talk to a lawyer about it.

7. Your own.

8. Again, talk to a lawyer. There is nothing odd about your case that would need H1B, but your petition has been pending for so long, it makes me wonder what's going on.

Link to comment


This topic is now archived and is closed to further replies.