Sindell Law Offices E-Min Newsletter (Vol. 11) - English Article #43

    Many of you may know the rule that you can change jobs if you have filed an adjustment of status application with the service center pursuant to an employment based green card case, and that adjustment of status case has been pending 180 days. Of course, the applicant must have a job offer which offers the same kind of job opportunity as the job applied for. You also may have heard of concurrent processing of an I-140 and I-485 (adjustment of status) application. In this instance, when does one start the counting of the 180 days? William Yates, Associate Director of USCIS, stated that he believes that you cannot change jobs until the I-140 is approved. Whether you start counting the 180 days from the time that the I-140 is approved or from the time of filing is not clear though. We hope that by the fall of this year, we will have a memo on AC-21 portability.