Employer change after PD current

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1

Hello,
My PD will be current in July 2022 (EB2) and attorneys have agreed to file supplement-J and interfile request as I have already filed (pending) I-485 via EB-3.

I wanted to know, once the interfile request is filed what happens if I change my employer ? Will the GC process go as it is ? Will it be “stuck” and another PERM/I-140 will need to be filed before GC approval process can continue ?

Kindly let me know.

Thank you!

2

The AC21 180 days job portability clock will reset if you change underlying basis from EB3 to EB2 so you may only change the employer after 180 days from the receipt date of I-485J suppliment.
I would advice against changing employer till you get your GC. There are high chances you will get it by September end this year if 485J is filed next month.

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3

Thanks a lot for the timely response. Really appreciate it!

5

Hello,

Thanks again for the initial reply! I have a follow-up , it will be very helpful if you can share your thoughts on it…
If after filing the interfile request and before USCIS can adjucate on my GC case, if the date of final action retrogresses prior to my priority date …will that put my application back to “pending” state.
Or, because I had filed it when my PD was current, USCIS will still continue processing it ?

6

If dates retrogress before USCIS makes decision on your AOS application, then yes it will be in pending state till your PD becomes current again in future.

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