I have an approved I-140 from Company A and I am filing I-485 concurrently. At the client site, the client has offered me a job in a similar position. However, my I-485 has not been pending for more than 180 days.
I know for fact that Company A will not withdraw the I-140 even if I move to the client as per the company policy. I know AC21 portability does not kick-in until 180 days.
What possible problems will I face with my I-485 if final adjudication of I-485 happens in less than six months from the date of I-485 filing? Will USCIS deny my I-485 stating that I have changed my employer in less than six months and I cannot use AC-21 benefit even though the I-140 is approved? Again, Company A never withdraws I-140 as per their policy.
Will have to work on EAD? Can I file my H-1B with new employer where job duties matches to that of labor certification?
You have correctly answered your own question, the first one, that is. For all the other questions/issues you are raising, consult with a lawyer of your choice via Skype. These are not questions to be answered with a brief sentence or two on a general, voluntary and free forum such as Avvo.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Your new employer will need to start all over. You will be able to keep the old PD. Unless the I485 has been pending for 180 days, you cannot change employer and keep the case going.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
You have at least two immigration attorneys you should be asking about this. And your AOS will be denied unless you get a new labor cert and I-140 to go with it.
You seem to have basic knowledge of the benefits which might apply. However solutions are not found online. You and your attorney should sit down and work on this. They are paid to provide these services.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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