Changing jobs while I-485 is pending

Amazon / Eng
asdc87

Go to company page Amazon Eng

asdc87
Mar 20, 2021 15 Comments

My I-140 was first approved in 2009 and I got a priority date of August 31st, 2009. Amazon applied for my I-140 with my prior approved I-140 and that got approved in September of 2019. Amazon recently applied for my I-485 in January and I got a I-485 receipt date of 17th Jan 2021. I am getting several interview calls and doing well in them. However, since my I-485 has just been filed I was wondering as to how will a job change affect my green card. Reading through several blogs, I found out that after I-485 has been pending for 180 days I can safely change jobs without having to go through the entire first stage labor certification. However, I don't think I can wait another 4 months for that to happen since I will be getting a new job soon. I have also read that you can use AC21 portability if your employer doesn't withdraw the I-140 petition. Does Amazon withdraw the I-140 petition? Can they withdraw the petition since 180 days have already passed since I-140 was approved? If they don't withdraw the petition can I change jobs without having to do the first stage labor certification? #I485 #greencard #I140

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TOP 15 Comments
  • Cruise
    cdlx

    Go to company page Cruise

    cdlx
    first, change the receipt dates and year slightly from the real ones, otherwise Amazon might be able to identify you.

    Now to your question:

    I was in pretty much the exact same situation a few years ago. I accepted a job offer about 2 months after receipt date. Then my papers went to the companies immigration lawyers and their own immigration lawyers said that I should strongly consider if switching now is a good idea since I would have to file everything from scratch and this both takes a long time and was highly risky under trump. Just to be clear, you would have to file PERM, wait 6+ months and file i140 + i485 from scratch (incl medical exam redo) . The paperwork alone is substantial. The only thing you got to keep is that your priority dates becomes immediately current since the new i140 is treated as if you filed it 2009.
    The lawyers suggested to postpone the start date.
    My manager and HR was in CC. I simply responded if they mind moving the start date 3-4 months and within just a few hours my manager responded that this is no problem.
    4 months later I started and in hindsight this was absolutely the right decision. You don't believe how many worries you'll lose once you have green card and it allows you to interview with anyone and quickly and drive up your market value just by that.

    Now Re Amazon not withdrawing the petition: I don't know what would happen but it's sooo risky (esp the risk that Amazon withdraws), I wouldn't do it. Technically Amazon is required by law to withdraw your petition once it is evident that you / they have no intention to further employ you, but apparently some companies forget about / take very long to withdraw but I would NOT count on it.

    Also keep in mind that if you have a green card interview or ever need a green card extension or us citizenship the fact that you changed your job before the 180 days can potentially make you inadmissible since it may be treated as a sign you never really intended to do that Amazon job.

    TLDR:
    - continue interviewing. First recruiter call simply mention you are on H1B and getting also GC soon. Don't mention you can earliest start July 15, let their lawyers tell it to them. If you come to offer stage try to explain your immigration situation in more detail and ask their lawyers to have a look at it before signing offer. The lawyers will probably suggest the same thing mine did and suddenly HR / hiring manager will become understanding and postpone your start date to July 15 (180 days from Jan 17). (If you try to explain the complexity / riskyness of the situation to HR/hiring manager yourself they usually don't get it imo).
    - also keep in mind that after 180 days you might not have your green card yet (this was the case for me) , so their lawyers should file a I485J (request for job portability) to make sure you're in the clear. This form ensures the GC process continues irrespective of whether I140 is withdrawn or not. It's a relatively simple form but it's good to start prepping it a few weeks before your start date.
    Mar 20, 2021 2
    • Amazon / Eng
      asdc87

      Go to company page Amazon Eng

      asdc87
      OP
      So is it a fixed thing that if you leave before 180 days of pending I-485 that I have to refile PERM with my new company? My I-140 is approved and 180 days have passed since then. I believe Amazon never revokes I-140. Can they revoke since I-140 was approved in September 2019 and 180 days have passed since then.
      Mar 20, 2021
    • Cruise
      cdlx

      Go to company page Cruise

      cdlx
      I just refreshed my memory on this topic -
      https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-5.
      Yes, if you leave before 180 days from i485 you basically have to file everything from scratch.
      The only thing that you keep is your priority date, because your i140 was approved for more than 180 days.

      It this was the first time you file I140 and you leave before 180 days have passed since I140 approval AND your employer revokes before 180 days you wouldn't even keep your priority date.

      In other words there are 2 separate deadlines:
      - 180 days from i140 gets you to keep priority date only
      - 180 days from i485 gets you to keep everything (PERM, I140, I485, medical) - only have to file a I485J which is a tiny form
      Mar 20, 2021
  • Amazon / Eng
    asdc87

    Go to company page Amazon Eng

    asdc87
    OP
    So I spoke with an immigration lawyer. He said you could legally leave before 180 days of pending I-485. However, if the company notifies USCIS, then they could technically deny your I-485 at that point. He doesn't know if I can do anything at that point of time. He said he knows of people who have left before I-485 has been pending for 180 days and nothing happened and also have heard of case where the applicants I-485 was denied because they left. He doesn't know what eventually happened to the I-485 denial whether it was successfully reinstated.. So there is risk. Though I don't know if Amazon notifies USCIS of you leaving.
    Mar 23, 2021 4
  • Cruise
    cdlx

    Go to company page Cruise

    cdlx
    actually just reading the article again in more detail you might be right. if Amazon doesn't revoke i140, you might have to only file i485 again and it appears it's standard practice for Amazon to not revoke i140. I personally wouldn't want to file another i485 from scratch though as that by itself takes a lot of prep time and your green card would move back a couple of months (unless you're missing out on some crazy dream job and the company is really not willing to wait, which is unlikely).
    Mar 20, 2021 2
    • Amazon / Eng
      asdc87

      Go to company page Amazon Eng

      asdc87
      OP
      I don't have a problem with doing some more paperwork. I just don't want to do perm again. Can Amazon revoke my i140 since it's been more than 180 days since my i140 got approved?
      Mar 20, 2021
    • Cruise
      cdlx

      Go to company page Cruise

      cdlx
      I don't think they can. I'm still a bit worried about this sentence though: "If the adjustment application has been pending for less than 180 days, the approved petition does not remain valid with respect to a new offer of employment." (from my uscis link above). approved petition here refers to i140 and adjustment application refers to I485. It sounds a bit as if you started filing I485 but then switch jobs within 180 days from I485, this will also make the underlying I140 unusable (even if the i140 was approved more than 180 days) for another I485 filing at another company. On the other hand if you file only I140, wait 180 days, but never file I485 while at the old employer and then switch employers you may be able to leverage the previous I140 as-is when filing I485 at new employer.

      In all cases where you need to file a new I140, you also need new PERM.

      I'm also pretty sure my immigration lawyers back then explained me that I would need to do PERM+I140 again if I were to switch, despite my I140 being approved for 180 days already at the time.
      Mar 20, 2021
  • Amazon / Eng
    asdc87

    Go to company page Amazon Eng

    asdc87
    OP
    https://www.usavisanow.com/ac-21-portability/ => The fact that you have left your previous employer prior to your I-485 pending for 180 days is not the basis for denial of your portability case since adjustment of status is based on prospective employment, rather than an existing one.

    https://www.youtube.com/watch?v=mVmGsw6Zf-0 => check 2:20 question about lay off
    Mar 20, 2021 1
    • Cruise
      cdlx

      Go to company page Cruise

      cdlx
      "However your I-485 case will be denied if any of the following happens:

      You fail to prove that a bona fide employment relationship existed at the time of filing.

      So leaving too early obviously makes it more difficult to establish your case, especially if your employer is no longer willing to cooperate".

      It's not guaranteed, but USCIS may determine your application and intent to "start" the job wasn't genuine (aka bona fide) at the time of filing.
      The layoff case isn't comparable to your case imo since the layoff happened from employer side, rather than your side, therefore it doesn't reflect badly on your "genuine intent" to take the job.
      Mar 20, 2021
  • Amazon
    welcome21

    Go to company page Amazon

    welcome21
    Can derivative applicants switch before 180 days of pending I-485? Do derivative applicant need to file I-485j (even though the I-140 for the underlying application is tied to their spouse and not them)?
    Mar 28 0