Changing Employers Before 180 days of I-485 Pendency

One of the biggest problems in transactions with the USCIS is uncertainty and inconsistency. We are often confronted with decisions that are contrary to long-standing policy and may even be illegal.

One such decision recently arose in an adjustment of status case where the beneficiary (employee) had moved from one job to another after the approval of the I 140 but before I 485 had been pending 180 days. The USCIS interviewed this gentleman and proceeded to issue a notice of intent to deny based upon a finding that he had no intention to stay with the green card sponsoring employer as is evident from him leaving before the 180 days of pendency of the I 485 were reached.

This decision is against long-standing policy.

USCIS has never required that an employee must stay with an employer for 180 days after filing the I 485. The requirement has always been that once the I -85 pendency of 180 days is crossed, USCIS does not question the motives of an employee. This case seems to be headed to the courts.

The lesson to be learned from this unreasonable attempted denial is to examine very carefully what an employee's state of mind is on the date the I-485 is filed. If indeed, there was no intention to leave the employment on that date, I think the USCIS will be defeated in the courts every time. If on the other hand, an employee had already decided that they would leave before 180 days of I-485 pendency, the government could argue with perhaps some rationality for their denial. Albeit, in my view, that is also a poor ground of denial and should not be sustained. Another variable that can be helpful to the employee is if the employee is willing to continue the job, but the employer has withdrawn the job offer or the circumstances are such that the job no longer exists.

In view of all these fuzzy and confusing considerations, it is important that we discuss this matter in detail before adjustment of status interview and be prepared to respond to the government truthfully and with full knowledge of the law..

Comments

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Martin (not verified) on Sat, 04/30/2022 - 13:28 Permalink

Hello attorney,

Scenario is : I140 approved, I485 submitted. EB2 India, enquiring of job change or job loss prior to 180 day window.

1. Is it possible to change employers prior to 180 days of I485 submission and still maintain GC process intact. Assumed employer will not terminate or withdraw I140 petition. I140 is approved.

2. Once I485 is submitted, until the 180 day mark, do I still have to be employed with the sponsoring company for legal presence and approvability of I485/GC.

3. Within 180 days of 485 submission, can I quit or be terminated by the employer/job and legally stay if I am not employed at all for any employer or Must I maintain some ‘similar job’ employment for purposes of legal stay in US after I485 submission ?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Rajiv S. Khanna on Tue, 05/24/2022 - 08:29 Permalink

Q. 1 Is it possible to change employers before 180 days of I485 submission and keep the green card process intact? Assuming that the employer will not terminate or withdraw I140 petition. My I140 is approved.

A. Yes. You are not required to be at the job for 180 days. But when the I-140 is filed, you should have the intention to take the job.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

I have filed 485 with Company A and after 60 days , it was merged into Company B and Company A no longer exists after the merger. All my paystubs everything from Company B .

Now, my 485 interview scheduled in Aug 2nd week. Does this causes my 495 denial since employer name changed before 180 days of pending 485?

My company B is telling me that they will provide employment verification letter and merger documents

Please advise if there is way we can avoid 485 deniel

Thanks

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

So, you are saying that the no.of days 485 pending should be counted till the day of the interview? Not when I changed employer due to merger after 60 days ? Which one USCIS considers?

If later is correct then I’m good since it is more than 180 days but if they look at when I changed the employer then it will be less than 180 days

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Sam (not verified) on Sun, 06/19/2022 - 13:20 Permalink

Hello,

I am in a unique situation at company A where i am employed for more than 10 years now. My PD is July 2014, and my company applied for EB3 downgrade in October of 2020, got it approved as well. Now, as the dates moved in EB2 category, my company has Interfiled with I485 J supplement (my application became current in June bulletin).

My question is, I am being interviewed by another company B. They are willing to offer, but is it advisable to change jobs now? If so how and if not what are the consequences.

Thank you very much.

Best, Sam.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Paulo (not verified) on Wed, 06/29/2022 - 21:00 Permalink

Hi, I changed employers 30 days after I received my green card. How long should I wait to apply for naturalization to avoid potential issues? 5 years after I changed jobs or 5 years and 180 days?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Nair, j (not verified) on Sun, 07/24/2022 - 21:15 Permalink

Hi, I have applied for downgrade (Not an amendment) with Company A in Oct 2021, filed 485 too at the same time. EB3I40 approved. Now as EB2 date is current, Company A interfiled to upgrade to EB2 (i140 approved in 2014) with I485J on July1. Still waiting for receipt number for the same. Can I take up a new job offer from Company B before 180 days, if company B is ready to provide 485J if USCIS requests for interview? What complications could arrive with this? No EAD yet, but 485 is more than 180 days old and not 485J.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Shyam (not verified) on Sat, 09/10/2022 - 05:50 Permalink

My i485 was filed in August 2022 Priority Date: 2014 Lost job. H1b will be withdrawn and i140 is likely to be withdrawn Current H1b remaining till January 2023.

Do I have to leave the country now? Can I work for the remaining 5 months? Can I transfer h1b?

What are options?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

This will require some discussion. You are welcome to post a message for our next community conference call. We have one almost every other Thursday. https://forums.immigration.com/forums/free-conference-call-for-us-immig…

If you cannot wait, feel free to set up a consultation with us: https://www.immigration.com/our-fees

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Sumit (not verified) on Tue, 09/13/2022 - 21:40 Permalink

I am with Coampany for more than 12 years now and my PD is Mar'14 (originally Eb2). I recently received my Green card in july'22. I downgraded to EB3 in Oct'20 and interfiled back (i485J) to Eb2 in June'22 and received GC on 7/30. How much time shalli wait for switching job to avoid issues during naturaliation.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Raja (not verified) on Tue, 10/18/2022 - 13:47 Permalink

Hi, I received my EAD but my i-485 is pending less than 180 days. Since my employer is asking me to relocate to a different state, can I use my EAD and change employer? Since my i-485 is pending less than 180 days, will it affect my i-485 approval?

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Submitted by Abhishek (not verified) on Mon, 11/28/2022 - 02:29 Permalink

Hi, For my EB1-b case, my I-140 is approved but it has been less than 180 days for I-485. Unfortunately, I have been laid off. What are my options in case my employer (a) withdraws my I-140, and (b) they do not withdraw my I-140? Will my green card application be still valid? Will I have to refile both I-140 and I-485 or just I-485?

Thanks

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