Legal Question in Immigration Law in California

Can I change my job while my I485 has been pending for over 180 days?

My status:

1. Employer sponsored green card, EB3, priority date: August 2005. I140 approved.

2. I485 was received by USCIS in July 2007. My H1B has expired in 2008. I am holding my EAD, expiring 09/2010.

3. My position on my labor certificate and I140: Financial Analyst, Senior.

During the long waiting, I have obtained my CPA license and been promoted as accounting manager at the same company with higher pay. According to AC21, can I change job to a different company with higher position and higher pay even though it is still in the same filed (accounting related)? What should be done for the transition? Is there any risk to be considered?

Thanks


Asked on 3/31/09, 3:31 pm

3 Answers from Attorneys
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Can I change my job while my I485 has been pending for over 180 days?

You really should consult an Immigration Attorney. Please send me an email if in Southern California with your contact information and we can discuss your particular facts. There is no fee for consultation.

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Answered on 4/07/09, 2:04 pm
Ellaine Loreto Law Offices of Ellaine Loreto

Re: Can I change my job while my I485 has been pending for over 180 days?

Yes, you can move to a different company with high rate but the job must be same or similar.

Please contact our office for further discussion or email me at [email protected].

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration

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Answered on 3/31/09, 4:25 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Can I change my job while my I485 has been pending for over 180 days?

There are certainly risks based on your description. The key to invoking AC21 in these cases is to be certain that the OES job code for the old case is the same for the new one. If it is not, you will not be able to get the new I-140 form approved. A second I-140 form and some other documentation must be filed in order to avail oneself of this provision. The job code of the old job and the duties need to be analyzed against the new one, and experienced judgment must be used to anticipate whether the change would work.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at

http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected].

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 3/31/09, 4:31 pm


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