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Case Stories
⏳ EB-3 Portability - Employer Change with Pending I-485 - PD Unknown
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· 21 views
⏳ **Case Status: Pending**
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An EB-3 applicant with an approved I-140 and I-485 pending over 180 days is considering changing employers. They have an approved I-485J and EAD/AP, and are asking about H-1B transfer timing, portability risks, and non-compete implications. No final outcome has occurred yet — this is a pending case with active questions.
Applicant holds EB-3 status with an approved I-140 and I-485 pending for over 180 days, making them eligible for AC21 portability. An I-485J (job flexibility supplement) has already been approved with the current employer. The applicant is on H-1B and also holds EAD/AP. They are exploring a job change and face a complex transition: a 4-month notice period followed by a 4-month non-compete with the current employer. Key concerns include: (1) whether to wait for H-1B transfer approval before resigning, (2) what happens if the I-485 is approved while a new I-485J from the prospective employer is still pending, (3) legal exposure if the I-485 approves during the gap between jobs, and (4) whether receiving non-compete payroll from a former employer affects H-1B status maintenance.
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**[📎 View Original Post](https://www.reddit.com/r/immigration/comments/1vi3f0l/changing_employer_when_i485_is_current/)**
*Source: Reddit EB-3 search*
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*This post was automatically curated from online sources to share real case experiences with the community.*