Question on job change during AOS processing

Hi,

I have my GC (EB3) applied with my current company (company A) with priory date 12/12/2014 and have I140 approved. The date for filing became current in 2020 and applied EAD and AOS on 11/25/2020 and have biometrics completed on 05/13/2021, but have not received any updates on EAD and AOS applications.

Now I have received an offer from another company (company B) with around double the salary and in a better location and I am seriously considering a move. They are ready to take me on my current H1B (valid till 11/2022) and wait for the H1B approval before joining. They also mentioned they are ready to provide I485-J in case an RFE/request comes from USCIS.

Could you please let me know if there are any issues with Greencard/EAD processing for myself and my spouse (currently H4)if I change my job based on H1B now? Do I have to get any guarantees in writing from company B?

Thanks in advance
J

You can switch employer once your I-485 is pending for more than 6 months however the new employment need to be in the same or similar position as the approved I-140.
My suggestion is to file the change of employer petition in premium and have your new employer file I-485J as soon as you join them.

1 Like

Thats between you and your employer.

@Kalpesh_Dalwadi , Could you please confirm if 6 months is from:

  1. I postmarked/sent the paperwork when the Priority date became current (11/26/2020)
  2. From the receipt Notice date (02/24/2021)

Thanks in advance for your feedback.

Received date in the I-797C notice of action.

1 Like