Applied for EB-3 downgrade and change of employer after 180 days while I-140 is pending

Question details

I have applied for EB3 downgrade last October, received the EAD cards, I-140 is still pending. What would be the process for me to change employers at this time? Does the new employer need to start the GC process all over again? As the 180 days have passed since the I-485, what would be the process to use AC21 when I-140 is still pending for same or similar occupation?

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The AC21 law says you can change jobs to a same or similar job once your I-140 is approved and I-485 has been pending 180 days so until the I-140 is approved you are not protected. More...


Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.


Submitted by Etesh Vaishnav (not verified) on Sat, 10/16/2021 - 23:33 Permalink

My downgrade application has been pending for over six months now and have approved I-140 in both EB2 and EB3 with the same employer. Now if I change my job and later my date becomes current in EB2 then does the new employer have to file a new perm and an I-140 under EB2 category again or filing just an I-485J should be enough regardless of the category?

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