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Eb1a W/employer As Petitioner - 485 Pending/job Change

Discussion in 'Adjustment of status' started by ABmidwest, Apr 8, 2017.

  1. ABmidwest

    ABmidwest New Member

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    Not sure if this is the right place to ask.
    My spouse obtained EB1A I-140, but the attorney who worked for the employer, put her employer as petitioner. We then filed for AOS in November 2016, which is still pending. She just received an offer to change jobs (it is in the same area), and gave notice to her current employer that she will leave at the end of June (more than 180 days).
    Q1: Does AC21 even applies here? The INA 204(j), CFR 245.25, and even instructions for supplement J indicate that EB1A are not bound by it, even if the employer sponsors (or more specifically, they don't mention any differences based on who petitions for EB1A). Does that mean she can change jobs at any time (we already have EADs in hand)?
    Q2: If our GC is approved say in late June, and she leaves her current job a week later, could that be a problem later (the prospective job offer issue)? Again, based on my reading of INA, that seems to apply to everything other than EB1A (since no job offer is required), so the "intent" issue does not really come into play? There is a lot of scare mongering online about leaving a job soon after 485 approved, so wanted to check if that would even apply in our situation?
    Thank you for any feedback!
     

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