Skip to content

Call (212) 430-6330

What Can I Do If I Had a Job Change While My I-140 and I-485 Were Pending?

1
Question:
My job filed for me under the 245i Visa Waiver. My employer sold the business and the new owner brought his own family to work with him and fired me and all of the former workers. The Form I-140 Worker Petition, filed by my former employer, and my Form I-485 Adjustment package is still pending. What can I do?
Answer:
Under the American Competitiveness in the 21st Century Act (AC21), if you are the beneficiary of an approved Form I-140 and your Form I-485 has been pending for more than 180 days, you are eligible to change to a same or similar position without having to begin the process all over again. If you have a new employer and s(he) is willing, they may file for a new labor certification under PERM for your new position. You will be allowed to use the priority date of the application that was filed by your first employer. This is also true if you now file for your green card through other legal means. Of course, you will be required to pay the additional $1,000.00 fee.