As far i know, you may need to have approved 140 for 180 days to avoid risk of withdrawal. Before that, if employer ask for withdrawal, USCIS do so. After 180 days of approval, USCIS will not revoke even if employer request for.

Thanks Murali. exactly my confusion because USCIS states that if I-140 is approved for less than 180 days and employer requests to withdraw the I-140 is still valid for priority date porting if I-485 is pending more than 180 days. So only need I-140 approved with I-485 pending 180+ days for job porting. "In addition, if USCIS receives a request from a petitioner to withdraw a petition that has been approved for fewer than 180 days, and any corresponding adjustment application has not been pending for at least 180 days (or has not been filed), USCIS automatically revokes the approval of the petition.[8] However, if USCIS receives a withdrawal request from a petitioner 180 days or more after the approval of the petition, or a corresponding adjustment application has been pending for 180 days or more, the petition remains valid for priority date retention. The applicant may be eligible under INA 204(j) for the adjustment application"

consult with an attorney, but if your 485 has already passed 180 days and your 140 been already approved you should be fine. there is no need of 180 days from your 140 approval. 180 days from when you have filed your 485 is important.

@mahendran - could be pending 485 > 180 days override the 140 approval duration clause. just to be cautious, get consultation from attroney so you can be sure.. All the best !

Thanks Murali and Raha! will check with attorney for sure, thanks!

Murali has a point. Go with Murali’s suggestion, my friend.

@Mahendra B and friends - were you able to check with attorney already ? if so, can you please update here… I’m kinda on same boat as you and have same questions…. EXCEPT my EB3:I-140(AMEND) and I-485 both are still PENDING from Nov-3rd 2020…. Note: I checked with the company attorney that I want to change and all they asked and looking at 180+ of I-485 pending criteria alone but I still have mixed feelings that he’s not disclosing risks even I asked them …..

@Vijay I did followup to invoke AC21 rule and only need I485 pending more than 180 days. Can change emplyer after 180 days of I485 pending and I140 is also pending but it is risky because x-employer may not respond to RFEs for I140. Best to have I140 approved. Also your new job has to be same or similar to the job description filed in I140. Good idea to check with New employer attorney that I140 job and new job are similar. Challange is x-employer might not share copy of I140, however i could find job description in my H1B petition to compare job duties and new emplyer attorney can decide I485 portability. From my research there is flexibility in changing job it does not have to be exact same job duties. Only problem might be switching to entirely diffrent job, e.g changing from software developer to restaurant manager etc. Good luck

thanks Mahendra.. yes I agree and that’s the risk in my opinion too… Employer wants not to go for PP…So, hoping to see I-140 decision before I lose the other opportunity… 🤞 also, you can request i-485j filled form from attorney to see the job title, job description etc., They can provide that form with employer details masked like employer identification code/type of business/gross income/net income etc., 👍

mine is same as your,waiting for 1-140 approval, want to know did you file for premium processing for 1-140?

No..I’m pushing for PP.. but my employer is not supportive to go PP. he’s quite afraid of ability of pay RFE…😢

Did you use the AC21? I have some questions about it

@Brad Pit / @EB - did you guys end up using AC21 to switch jobs? in similar situation. i140 got approved this week, 485 has been pending for 11 months. want to change jobs and want to make sure I don't need to wait for 180 days from i140 approval

@pd jan2014/@Bradpit- Did you move to new employer involving ac21? in similar situation whether or not to change my current attorney in g-28 form