Sam Krishna
Nov 15, 2023
Does changing employers during the I-485 process pose a risk to the approval of the Adjustment of Status (AOS)?
With a priority date of 2022 country India, I am currently on an L1A visa. I've received a compelling job offer from another employer. I'm in a dilemma, wondering if it's safe to switch employers with GC-EAD while my I-485 is in process, and I'm also waiting for my AP. what’s your opinion or suggestion?
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Kevin RoweNov 15, 2023
You can’t just switch, speak to an attorney, there’s some new rules about how long filed etc but one thing is guaranteed, it’ll complicate the process
Sam KrishnaNov 15, 2023
thank you Kevin , what are those new rules
EB1-2 MomoNov 15, 2023
you can as long as it has been at least 6 months since i485 was filed.
you would need to file i485j with your new employer. Note that by switching to EAD you relinquish your L1a visa so god forbid it gets denied.. that’s when things get too complicated
Sam KrishnaNov 16, 2023
Thank you Momo, it has been 11months since i485 filed. new employer is ready to file i485j. L1A any how exceeding limited(7years) in 3months.
P SNov 16, 2023
Apart from 6 months, the most important thing is that you have to find a job in the same standard occupation(SOC) code for which your I-140 was approved. The new job should fall under the same SOC and job description should be similar to your previous one atleast 50% or more. You can find the SOC in your I-140 approval notice on top right hand side box.
Sam KrishnaNov 16, 2023
Thank you P.S, yes new employer provide same SOC even additional
