 ASK VISALAW.COM
By Marc Topoleski, partner in SSHD’s Michigan office. Marc can be reached at mtopoeski@visalaw.com
Under the new law, can an L-1 employee switch employers after 180 days of a pending I-485 in the same way an H-1B employee can?
Under the American Competitiveness in the 21st Century Act (AC21), even those individuals on L-1 visas can switch employers if their I-485 has been pending for over six months and if they are switching to a substantially similar position.
After the expiration of my six-year H-1B visa period, can I stay and work in the U.S. if I have filed my I-485 and EAD but my EAD has not yet been approved?
A person can reside in the U.S. legally after applying for adjustment of status (I-485). However, a person cannot legally work without the EAD approval if their H-1B has expired.
My Labor Certification and I-140 petition have been approved, but I was recently laid off. Can I transfer my approved I-140 petition to my new employer or will I need to re-start the Green Card process from the beginning?
If your Adjustment of Status application (I-485) has been pending for more than 180 days you are eligible to go work for another employer as long as you will be working in a position that is substantially similar to the position in your original petition. However, if your I-485 has not been pending for more than 180 days, you will need to begin the Green Card process over with your new employer, starting with the filing of a new Labor Certification. In this scenario, you would be able to carry over the priority date from your original Labor Certification filing for you subsequent Green Card application as long as your prior employer does not withdraw the I-140 petition.
| 
