Changing Jobs After Filing I-485 With AC-21

For those who were able to file the I-485 Adjustment of Status under the October 2020 Visa Bulletin, we are often asked how a job change will impact the application, especially with Final Action Dates remaining stagnant. In this video, attorneys Rahul Reddy and Emily Neumann discuss the American Competitiveness in the 21st Century Act (AC-21) and who may benefit from it to continue the path to permanent residence even after a job change. Topics of consideration include: calculating the 180-day clock, same or similar occupations, steps to take advantage of this benefit, and the I-485 Supplement J Form.

The information provided on Facebook or YouTube should not be construed as legal advice for your specific situation. Nor does it constitute an engagement with Rahul Reddy, Emily Neumann, or REDDY & NEUMANN, P.C., or establish an attorney-client relationship. For specific advice on your situation, please contact an attorney immediately.

[yourtravelpostcard]

concurrent filing situation where eb3 downgrade was concurrently filed with 485. Can we submit 485 j ac21 due to job change after the 180 days limit or do we have to wait for downgraded i140 approval. Assume and confirmed that employer won’t revoke i140 for sure as it’s a policy to not revoke.

[vamerica]

Thank you Rahul and team for the video

[youbeyouganta]

Actually it good question when ead is in recipient

[ushah]

I thought employer can not revock I140 after 180 day of approval, is it correct ?

[radc]

After receiving the EAD card post 485 filing, and if 485 is pending for greater than 180 days, with approved PERM, does one have to stay employed? As an example, if one chooses to take a break from career to start a familly, how will that impact the future green card process?

[DreamlandUSA]

Thanks for making informative video, you mentioned about h1b need be applied along with supplement J while pending EAD, how would this be handled in L1-a case with similar condition?

[Cherry-kdsc]

Does it require to work full-time? Is it ok to keep old employer as a part-time/per diem and employer B, I can also work as part-time or per diem?

[truthsetsfreetamil]

My employer said they will cancel I140 if employees leaves them. Is it possible to cancel 1140?

[MultiSudharani]

Hi Rahul and team...is 180 day rule only for the primary applicant or does it applies to dependent as well if the dependent is working and has her own I140 approved through her employer....Also...is it 180 calendar or business days?

[PyareBindu]

What is the case if my I 485 and I 140 both are pending??

[sundarr]

can you explain changing of lawyer when changing jobs on approved EAD . I am with company A and i used external lawyer to file my I485 and got EAD . now if I want to switch to company B, should i hire new lawyer to file supplement J ?

[saransh]

What if you change location with same employer? Do we have to move to older location to file i485? or Location doesn't matter at all, while filling i485.

[deepakjay]

Thank you both, I have EB2 with employer A, Submitted downgrade with employer B, can I Join employer C after I get all the receipt number by filing I485 J supplement or do I need to wait for EAD approval before I join employer C, secondly what If EB2 advances what do I do then ?

[vamsheerm]

If it happens that while AOS application is pending with employer A (after filing I-485 and EAD approval) due to some un-anticipated circumstances if employee and family has to leave country for extended period of time what are the possibilities in coming back ? If Employer A no longer has same or similar position, can employer B apply for H1b using AC21 ? after coming to US can earlier I140/Priority date still be valid ?

[rgsivacts]

What about after GC approval? How long one should stay with the Green Card sponsored employer? If we leave after 2 months will it have any issues during Naturalization interview?

[thingsinlife]

Hi

I have a question and need clarification from experts like you.

lets say i started as engineer and after 6 years i completed my PMP and thinking of applying for Project Manager Positions, will there be any problem for my H1b application.
can i upgrade my eb2 to eb1 if i become a Project manager and manages multiple projects in USA?

[pranit]

While the I-485 is pending (past 180 days) and I submit supplement J, does the new employer have to file Perm, I-140 and I-485 again? If so, is this going to delay the I-485 approval?

[bkhimanshu]

I can feel the tension in the room from here when this guy sneezed.... jokes aside, a good informative video though... thanks for sharing...