Question Impact of I140 amendment on pending AoS application

USA Green Card
1

Hello guys,

I am on H-1B and my employer (A) filed my green card application under EB-2. My priority date is 09/2014. My EAD is approved and now valid until 08/2025. Employer filed adjustment of status (AoS) application in 10/2022 when final dates were current and my AoS application is pending with USCIS.

Recently, my employer was acquired by another company (B). I was told my new employer (B) will file I-140 amendment to reflect the new employer name (B) as petitioner. The amendment will not alter any info (category, priority date) on approved I-140. I intend to use EAD instead of being on H-1B and would like to pursue other job opportunities.

If I leave my current employer (B), would there be any impact on my pending green card or Adjustment of Status application or have any other implications in the below scenarios?

  1. I switch to another employer before my current employer (B) files I-140 amendment application or before the I-140 amendment is approved
  2. I switch to another employer after the I-140 amendment is approved but before 180 days are passed and my current employer (B) revokes I-140 amendment. 3. Is 180-day rule applicable for I-140 amendment when AoS is pending with USCIS?

Appreciate your response.

Thanks,
Venkat

2

I dont think I-140 amendment is required for you to keep working on H1B with the acquiring employer as your GC EAD is already approved and you are currently in pending adjustment of status. They may even not have to file any H1B amendment if the new employer is SII (successor in interest).

If you switch to GC EAD, the new employer will just need to file I-485J to take over your GC process if your I-485 is still pending when you change the employer.

Talk to an immigration lawyer before you take any steps.

3

Thanks Kalpesh for your detailed response.