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I140 & I485 (switch employer)

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  • I140 & I485 (switch employer)

    My company submitted I140 (waiting for the priority date to become current).

    Once the date date become current can I submit I485 ?


    When I485 is submitted can I switch the employer if my current employer provides NOC or I have to wait for 180 days?

  • #2
    AC21 allows you to switch employers anytime. The impact being if the I140 is revoked prior to 180 days, then you are in deep trouble. If your employer does not do that, you will be fine changing employers. However, you need to use AC21 if your permanent employer is going to be your new employer once you cross 180 days to avoid future problems as green card is intended for future employment. If you don't join the GC sponsor, you will have trouble unless AC21 is invoked.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.