I got my EAD(not used) after EB3 downgrade(in 2020). I was hoping to change jobs using I-485J rule. But in Feb my priority date(Nov, 2012) will be current. I want to interfile or file new I-485 but want to change jobs before 180 days using AC21 rule. I heard these 2 conflicting views on it:
180 days will reset so I will have to wait another 180 days to change jobs. Source
Using AC21 if leaving your employer before the 180 days:
Foreigner can leave the previous employer before his or her I-485 pending for 180 days. It is not the basis for denial of a case. However adjustment of status will be denied if any of the following happens:
- I-140 petition is withdrawn by prior employer before applicant’s Form I-485 is pendng for less than 180 days with USCIS; or
- Original employer’s I-140 petition is denied by the USCIS at any time; or
- Your approved I-140 is revoked at any time,
- Employee fails to prove that a bona fide employment relationship existed at the time of filing.
Please talk to immigration attorney before you make a decision to leave your employer.
Not sure which one is accurate?