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Changing jobs after getting my I 140 petition approved

Edison, NJ |

My company filed for my GC last year and I got my I140 approved this month and the I485 was applied in august 07. Is it okay to switch jobs and start using my ead or should i wait?

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Attorney answers 1


Generally speaking, if you have an approved I-140 and a pending I-485 you cannot switch employers or "port" unless the I-485 has been pending for 180 days or more. If the I-485 has been pending for more than 185 days then you can change employers if the job is the same or similar occupational classification as set forth in the I-140. IF you decide to change positions I would urge you to have a qualified immigration attorney assist you with this. It is not an overly complicated matter but you have a lot to lose if it goes badly.

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