Transfer of employer while I-485 is in process

[kw177]

Not legal Advice:

There seems to be some confusion about this. As far as I am aware you can transfer employers at any time after filing an I-485 (as long as you have work authorisation like H1 or EAD for your new job).

The INS can only refuse your I-485 if they take LESS than 180 days to adjudicate it.

In other words you can change jobs at any time after filing and as long as the INS takes more than 180 days to adjudicate your I-485 you are home free regardless of when you actually switched employers.

[einuj somar]

THX KW177 for the reply ! That somehow confirmed what I read somewhere. But I have another concern... if I move to another employer before the 180 days, how true it is that the INS would still sometime ask for a letter or proof of date of employment from the sponsoring employer ?

[kw177]

Not legal Advice:

If you filed an I-485 your original employer would have given you a job offer letter to include with the application.

If you change employers you need a letter from the new employer stating that they intend to employ you in a "similar" occupation under "similar" conditions to the original Labor Cert.

However as yet the INS has still not issued any regulations to clear any of this up. In your case you would be well advised to go see an attorney who knows about this stuff. Even if you have to pay for the lawyer yourself it is still worth it. Though you may get your new company to foot the bill since the LC and I-140 are already done and you really just need a few things cleared up. That way it should not be too expensive.