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Can I change my petitioner in the middle of I-485?

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  • Can I change my petitioner in the middle of I-485?

    I have a petitioner who is not helpful. There are several companies who would like to be my new petitioner. Can I change to new one? If I can, then is there any disadvantage? Does it make my I-485 process longer?
    (I am supposed to have an interview in few months.)

    Thank you! (Just in case I forget to say...)

  • #2
    Chanigin petitioner

    As far as I understand, your I-485 is based on your petitioner's requirement for the job position. If you want to change the petitioner, you will have to go through the whole process of LC, 140, 485 ALL OVER AGAIN! Note that you may be able to use your priority date from this current application, but you still need to

    You may need to contact the lawyer for clarification.

    Comment


    • #3
      Re: Please help me! I need your answer ASAP

      Thank you for your reply. If you do not mind, please answer me several more questions.
      1. There were several people who told me that it is okay to change job 180days after I received the notice of I-485 from immigration. Do you know anything about this? If anybody who know about this, please teach me.

      2. My PD is current, does it make any difference?

      3. I am changing job, but this job is still same kind of job. Does it make any difference?

      Please help me....

      Comment


      • #4
        Re: Please help me! I need your answer ASAP

        Yes it is o.k to change employers as long as AOS application is not adjucated for 180 days under AC 21 . The new employer must issue a letter saying the position offered is similar to that listed in the original employer and this needs to communicated to INS along with a copy of the I-485 Receipt , there is not a significant impact on the timeframe.

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        • #5
          I heard changing employer is possible only if no action is taken by INS on your 485 case for six months after notice date. If your receive either RFE or Finger Prints on your case, then you have to count 6 months again after that. In essence 6 months of inactivity on 485 case, allows you to change employer.

          May be some one who knows more on this , may confirm.
          Thank you

          Comment


          • #6
            Re:Thank you!

            Thank you very very much. I talked with expert few days ago to find out what exactly I should do. According to the expert, there is no problem changing job as long as job is similar to previous one and 180 days after ND of I-485.
            This expert also mentioned that every cases are slightly different, so it is always best to ask expert.
            Once again, thank you for your help.

            Comment


            • #7
              Re: To: Bugleboy111

              Thank you for your advice.... Your advice was very similar to my friend (expert). ....but...what is AC21? Could you please explain to me.

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              • #8
                Re: To: Bugleboy111

                AC21 stands for the new immigration law signed by Pres Clinton in Sept 2000

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                • #9
                  Re: To: Bugleboy111

                  if you get finger prints notice within six months, can you change employer?, as I heard it is not possible, any views on this?

                  Comment


                  • #10
                    Update - Chanigin petitioner

                    Good news! I just found out that you can change the petitioner in the middle of 485! However, you should have approved 140 from the new petitioner before the 485 is cleared. (I ma not clear at what stage it is considered cleared, but it takes about 10-111 months for VSC).

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