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Immigration case

Brooklyn, NY |

employer fired me and i have I 140 approved from his company and I 485 in process for 3 years i am EB3 can i change job

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Attorney answers 3


I am hoping that you have a lawyer assisting you with your case. If you do, speak with your lawyer immediately; if you do not have a lawyer, consult with one as soon as possible. You may be eligible to 'port' your case to a new employer under very specific circumstances. I would urge you not to try to do this yourself. Good luck!

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.


you can find employer with similar position as long as I 485 is pending for more than 180 days you fine


Yes, assuming you have an EAD (or if you're in H1B status, you can file a change of employer petition, assuming you have recent paystubs at the time of filing). The priority date for EB3 is far off, but you should find a substantially comprable position (meaning the job duties are at least 50% the same), and should inform USCIS that you have ported your employment with an AC21 notice letter as soon as possible. This will preserve your GC sponsorship pursuant to AC21 regulations. Self-employment is also permissible to preserve your GC.

Debbi Lee Klopman

Debbi Lee Klopman


note that besides retaining immigration counsel with experience in this area, if you can port the case your new employment offer has to be substantially comparable as your original one. It also must be in the same geographical area. Good luck

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