Website Q & A - March 1, 2007Can I Move to Another Employer now that my PERM Labor Certification and I-140 Petition Have been Approved and Still Keep My Case?Dear Mr. Lee, I have a PERM labor certification that was approved and my company filed the I-140 petition along with my I-485 adjustment of status application to the U.S.C.I.S. in June 2006. My I-140 petition was approved in September 2006, but my I-485 is still pending. My lawyer told me that it is waiting for security clearances. At this time, I am having trouble with my boss and another company has offered me a better job. But I'm afraid that going to another company will mean that I will have to start all over again on my green card case. If I want to get my green card, am I stuck in this job until my case is approved? Dear reader: Under the American Competitiveness in the 21st Century Act (AC-21), you are allowed to move to another employer in the same or similar position and keep your case so long as your I-485 application has been pending 180 days and your I-140 petition has been approved. Your employer cannot withdraw the I-140 petition if these conditions have been met. The U.S.C.I.S. expects that you will notify the agency immediately of the changed circumstances. In the event that U.S.C.I.S. sends out a request for further evidence (RFE) or notice of intent to deny (NID), and you are not able to respond with a same or similar position job, your case would be denied. If the evidence of a new qualifying offer of employment is timely filed and it appears that you have a new offer of employment in the same or similar occupation, U.S.C.I.S. adjudicators may consider the approved I-140 to remain valid with respect to the new offer of employment and continue regular processing of the I-485. In your case, you would only have to ensure that your new position is same or similar to the position that you are now holding.
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