I485 changing employers on H1B under 180days pending

[leapfrogg]

What are the risks or problems changing employers using H1B with a pending I485 (approved I140) prior to 180 days and then subsequently porting the I485 after 180 days to new employer under AC21, assuming "same" or "similar job" with new employer?

What happens to I485 in this case, if the current employer withdraws I140 before reaching 180days?

[ksribhas]

So are there 3 employers involved here ? or 2 ?

 

Are you saying that you are moving to Employer B from current employer ( A) initially on H1 xfr since 180 days has not passed and then you will use AC-21 once 180 days are passed ?

 

You cannot. To use AC -21 both the conditions must be met . 180 days as well as approved I-140 . In narrow cases pending 140 might be accepted as they look whether the petition was approval at the time of filing but there is no exception to the 180 day thing

[leapfrogg]

So are there 3 employers involved here ? or 2 ?

 

Are you saying that you are moving to Employer B from current employer ( A) initially on H1 xfr since 180 days has not passed and then you will use AC-21 once 180 days are passed ?

 

You cannot. To use AC -21 both the conditions must be met . 180 days as well as approved I-140 . In narrow cases pending 140 might be accepted as they look whether the petition was approval at the time of filing but there is no exception to the 180 day thing

 

Sorry, I don't understand why you say cannot be done. I have approved I-140 which was used to file I-485. and I will port my I-485 after 180 days under AC21.  both conditions according to your note are met.  The only difference is I will transfer before 180 days to new employer using valid H1B and do subsequent 485 porting after 180 days

[ksribhas]

Try and let us know how it goes. Transfer of H1 and Port mean the same thing => you are leaving the sponsoring the employer.

You do not port I-485, you are porting the underlying Immigrant petition basis. I -485 is between you and the USCIS/Govt , with the employer acknowledging the offer and proving financial capability/similar/same job of the underlying I-140 petition.

[Belle]

The risk is that the USCIS will ask you to respond with a job offer under a very tight deadline (i.e. falling under 180 days), and you can't use AC21. And since you no longer have the offer from the original employer, your I-485 gets denied. It happened.