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Do I Need to Keep My Job
with Employer During the Process of the Form I-485 Application? |
| Hi
William, My employment-base Form I-140 petition has been approved. Now I will submit my Form I-485 application to USCIS. Do I need to keep my job with my employer during the whole process of the Form I-485 application? Answer, If an underlying Form I-140 immigrant visa petition provides the basis for the Form I-485 adjustment, and Form I-140 petiion has already been approved, the USCIS officer will confirm that a qualifying job offer still exists in an employment-based case. The USCIS officer will note that changes in employment, withdrawal of a job offer, or the failure of a petitioner’s business may affect employment-based applications. The USCIS officer will also confirm that the applicant continues to meet all eligibility requirements through the date of final adjudication, including reviewing the continuing validity of the employment-based petition The USCIS officer will verify that the employment-based adjustment applicant’s immigrant petition for alien worker of Form I-140 remains valid. The USCIS officer will determine that the applicant is either employed by the petitioner or the job offer still exists, that the employer continues to have the financial means to employ the applicant. In addition, the USCIS officer will determine that the employer continues to be a viable business, including possessing a valid business license in the county, state or jurisdiction within which it is operating. If the Form I-485 adjustment application has been pending for 180 days or more, the applicant may be eligible for adjustment portability. Portability allows the applicant to accept an offer of employment with either the petitioner or a different employer in the same or similar occupational classification as the position for which the petition was approved. |
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