Meeta Gulati

Hi,

Does anyone know of risk involved in switching jobs while I-485 is
pending for more than 180 days?
Please share your experiences.

Thanks,
Meeta

Rex Lustrous

Sound like a very broad question. It may not be possible to perceive all
possible risks.

The provisions of AC21 allow a change of job after the 485 has been
pending for more than 180 days. The new job should be similar in nature,
to the job description as approved in the labor/140 application. A
letter/affidavit is needed from the new employer stating the employee's
title, annual salary, responsibilities and agreeing to hire the person on
a permanent basis once the GC is approved.

The risk is that the definition of 'similar' is subjective, and not
defined by the USCIS. On the other hand, in fields like IT, almost
anything goes as titles and responsibilities are not a standard across
all companies. Some posted a simple letter that was sent to USCIS on the
new employer's letterhead, and that was sufficient to get the 485
approved.

I changed my job, but did not send any documents to USCIS. I was waiting
to see if an RFE comes up, I would have responded to that with the letter
from the new emploer. Instead the 485 was approved, so I did not bother
with AC21.

- R



Meeta Gulati <[email protected]> wrote in news:[email protected]:

    > Hi,
    >
    > Does anyone know of risk involved in switching jobs while I-485 is
    > pending for more than 180 days?
    > Please share your experiences.
    >
    > Thanks,
    > Meeta
    >
    >