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INS MEMO ON CHANGING THE BASIS FOR ADJUSTMENT OF STATUS APPLICATIONS AFTER FILING
The INS has issued a memorandum discussing the procedures and implications for changing the underlying basis for an application for adjustment of status after the application has been filed. 
Since the 1990 Immigration Act, it has been possible to change the basis for an adjustment of status application based on a family petition or on a first, second, or third preference employment petition and retain the original priority date, so long as the original petition was not revoked and the priority date remains current.  This memo makes clear that changing the underlying basis is acceptable, and that it in fact saves the INS time and money by preventing it from denying adjustment to a person who is in fact eligible. 
The memo also adds a clarification with regard to employment-based petitions.  While the applicant is required to work for the employer who filed the immigrant visa petition after approval of the green card, they are not legally required to work for that employer while the adjustment application is pending.  Thus, the fact that the alien is not working for the petitioning employer is not in and of itself a reason to deny the adjustment application. 
 
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