Change employer after an I-485 has been pending more than 180 days?
Posted by Jeff Xie on November 10, 2002 at 21:43:09
The Texas Service Center will not require a new I-140 for the new job. Field offices have been instructed not to deny the I-485 if the I-485 has been pending for 180 days and the employee is employed in the same or similar occupation as the one certified in the Labor Certification. A new letter is needed to determine if the new job is in the same or similar position as the original position in the Labor Certification. This includes all employment based applications. I-485 adjudicators will not require a new I-140, but if the applicant may not be working for the same employer, the applicant must notify INS. If the case has been pending for a while, a Request for Additional Evidence will be issued to inquire whether the applicant intends to work for the employer who filed the I-140. AILA InfoNet at Doc. No. 02031372 (July 23, 2002).
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