Can You Change Employers While on an L1A Visa with a Pending I-485 Application?

As an L1A visa holder, you may be considering changing employers as your green card process progresses. This article will guide you through the process, outlining the key considerations and the steps you need to take to switch jobs while your form I-485 is pending.

Overview of the Current Scenario

You currently hold an L1A visa and have filed both the I-140 Immigrant Petition for Alien Worker and the I-485 Application to Register Permanent Residence or Adjust Status (AOS) concurrently. Your I-140 was approved 2.5 months ago, but your I-485 is still pending. You are wondering if you can change employers during this period.

Key Considerations

Changing employers while your I-485 is pending can be complex, and there are several important factors to consider. Here are the key points:

I-140 Approved

Since your I-140 has been approved, you have a substantial positive factor in your favor. However, for you to benefit from the portability provisions under the American Competitiveness in the Twenty-First Century Act (AC21), your I-485 must remain pending for at least 180 days. This is a critical threshold.

AC21 Portability

If your I-485 has been pending for over 180 days, you may be eligible to change to a new employer. The new job must be in the same or a similar occupational classification as the job for which your I-140 was approved. This means that the new job should be within the same or a related field.

Notify USCIS

It is advisable to notify USCIS of the job change using I-485 Supplement J. This document helps to demonstrate that the new position is in the same or similar occupational classification as the original approved position.

Consult an Immigration Attorney

Considering the complexity of immigration laws, consulting with an immigration attorney is highly recommended. An attorney can provide personalized guidance based on your unique situation and ensure that your applications are in line with current regulations.

Simplified Explanation

Simply put, you can change your employment while waiting for the final approval of your green card application if your I-485 has been pending for 180 days or more. This is due to the provisions under AC21 portability.

Conditions for Changing Jobs

To change jobs while your permanent residency is pending, there are four main conditions to satisfy:

1. Certified PERM (if applicable) 2. Approved I-140 3. I-485 that has been filed and is pending for at least 180 days 4. New job that is the same or similar to the old job (generally determined by the SOC code)

Additionally, if your employer withdraws the job offer, it can affect your ability to change employment. Therefore, it is crucial to have a clear understanding of the legal requirements and to seek professional advice if needed.

Conclusion

In summary, you may be able to change employers if your I-485 has been pending for over 180 days and the new job is in a similar field. Always consider seeking legal advice to navigate the process smoothly.