180 rule and implications

[harrydr]

Friends,
As i understand the 180 rule is that you can switch employers only after 180 days are past from filing the 485 with the current employer. My question is if there are opportunities out there and i would like to switch within the 180 days (provided my job duties are the same/similar) what are the implications on the 485 approval?

[looneytunezez]

Most likely your new employer would need to file a new PERM/140, and I dont know if you will not be able to retain your old PD.

I think AC21 requires that your AOS be pending for over 180 days to switch your jobs and keep your filed AOS application as active.

[harrydr]

How sure are you about the above statement. Once you have EAD and AP, my understanding is that you should be able to switch as long as the employer does not revoke the I-140.

[looneytunezez]

Yes, i think you can switch, but your new employer needs to file for PERM and I-140, you might be able to retain the old PD (not too sure about retention).

But in order to keep AOS alive, you need to do your switch post-180 to avail AC-21 provisions.

Recommend : do a quick paid consulation with a good attorney to confirm.

[harrydr]

Can you share the link for the AC-21 process and description of the rule.

[a_paul1]

Friends,
As i understand the 180 rule is that you can switch employers only after 180 days are past from filing the 485 with the current employer. My question is if there are opportunities out there and i would like to switch within the 180 days (provided my job duties are the same/similar) what are the implications on the 485 approval?

Since GC is for a future job, you don't have to work for the sponsor employer before you get the GC so you can quit anytime you want.

HOWEVER, if you quit before 180 days two things can happen:
1. The sponsor revokes 140: In this case your 485 will not be approved. You will have to redo the whole process - labor 140 and 485 again. I am NOT sure if you will retain the priority date in this case.
2. The sponsor does not revoke 140: In this case, 485 will be approved but you would have to join the sponsor employer after you get your GC, otherwise your GC might be considered fraudulent because it might be construed that you never had the intention to join the sponsor after getting the GC.

If you quit after 180 days, your 485 will be approved even if the sponsor revokes 140. You just have to provide a job offer letter from the new employer (that too, only if there is an RFE asking for that.) and you don't have to join the sponsor after you get the GC.

So your best option is to stick around for 180 days and then you are a free bird :)