Dr. William:

I changed job after 180 days after filing of I-485, and I am in H1B status now with a new employer. One week ago, I received a RFE from USCIS service center asking to prove continuing existence of the I-140 petition employment. I know my former employer did not withdrawal or request for revocation of my I-140 petition. Do you think I have any problem for my I-485 application?

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A:

We know that under AC21, the I-485 applicant may change employer once 180 days pass after filing of I-485, provided that the new offer of employment is in similar or same occupational classification, and the I-140 petition has been approved. The I-140 is portable after passage of 180 days after filing of I-485, only if there is an offer of similar or same employment by a new employer.

If the original employer did not revoke or withdraw the I-140 petition, and you received a RFE to prove continuing existence of the I-140 petition employment, USCIS may continue adjudication of I-485 once USCIS receives a proof of new employment offer.