Dr. William:

Recently, I filed my I-140 and I-485 petitions with a pre-approved Labor Certification of another leaving employee, provided to me by my current employer. I want to know if the AC-21 rule still can be applied for my situation. In other words, can I change employer after 180 days of the I-485 pending?

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A:

By using the pre-approved Labor Certification provided by your current employer, the AC-21 rule should also be applied for this situation to change employer after 180 days of  the I-485 pending. The approved Labor Certification does not belong to an employee. If the I-140 has been approved with your name and the I-485 has been pending for over 180 days, the AC-21 should be allowed to be used in your case. 

 

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