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  • Green Card Query

    Hello,
    My GC is in process under EB3 category, India. My Priority date is Apr'07.
    I have received my EAD and AP. My company had filed for my I140 and I485 concurrently in Aug 2007 and am awaiting approval of both these docs.

    My question is since my I485 has already been applied for, will the approval of the same depend on the dates getting current espcially with the backlog for India or the approval is not dependent for the dates to be current.

    Is it that the PD needs to be current only to be eligible to apply for I-485 or also for Approval?

    Thanks!

  • #2
    For an I-485 to be approved, the PD must be current again. Basically, your I-485 will take years to be adjudicated. Stay tuned to the visa bulletin for years to come.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      Thank you very much for the quick response.

      As you mentioned that it will take years for my I-485 to be adjudicated, the question that comes to mind is:

      When is it okay to switch to a different employer without jeopardizing my GC application? Is it after my I-140 approval or anytime frame with regards to have applied for I-485 or PD ?

      Thanks again!

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      • #4
        Once your I-140 is approved, you are free to change employer using AC21. The new job must be "similar" to the job GC was filed for. After 180 days have passed since filing an I-485, the employer has no control over the I-140.
        Check out H1 FAQs first!
        http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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