What happens to an adjustment application if it is pending for more than 180 days?

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When an adjustment application has been pending for more than 180 days, the underlying petition remains valid for a new job offer. This condition is particularly important for employment-based adjustment of status applications. If a person has an I-140 petition approved and their adjustment application is pending, they are able to change jobs or employers as long as the new job is in the same or a similar occupational classification. This provision allows flexibility and helps ensure that applicants are not unduly hindered in their employment opportunities while their adjustment applications are still being processed.

The other options do not accurately reflect the procedures in place regarding pending adjustment applications. Automatic approval, invalidation, or the need to resubmit applications after a specific timeframe do not align with the established policies governing adjustment of status processes. The ability to retain the validity of the underlying petition for a new job offer is essential as it empowers applicants and acknowledges the dynamic nature of employment situations in the U.S. economy.

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