pros and cons to use AC21

[mv_v25]

I am evaluating the pros and cons to use AC21.

I am under AOS immigration status. I filed I485 in July 2007, my I140 was approved on January 2008 and got last renewal of EAD on October 2008 (that expires on Oct 2010), all while I was working for my same old employer.

I just changed employer but did not advise about it to USCIS yet. I have seen in different threads that it is recommendable to inform this kind of changes to USCIS but not mandatory.

Even though my new employer can support that duties, wage and job title are similar than my LC (and even the new location is not far away, same state, different city though) , there is always a chance that the person who review my case at USCIS do not agree. Besides I afraid that inform about this change could delay the entire process to get my GC.

On the other hand I know I could get a RFE anytime and I have read also that use AC21, when you get a RFE, has less chance of success. Besides, I might need to renew my EAD again before I get my GC and I think that I'll have to advise about my new employer at that moment on form I765 anyway.

In short, do you think it is too risky to wait to advise USCIS about a change in employer just if I get a RFE? Usually I like to do everything upfront but unfortunately in this case I think it might complicate things more.

I should add that my PD is July 2006 and I have EB3.

[TheRealCanadian]

Originally Posted by mv_v25

there is always a chance that the person who review my case at USCIS do not agree.

I don't think I've seen a single case of AC21 relief being denied based on the job not being "same or similar".

On the other hand I know I could get a RFE anytime and I have read also that use AC21, when you get a RFE, has less chance of success.

Not at all.

Besides, I might need to renew my EAD again before I get my GC and I think that I'll have to advise about my new employer at that moment on form I765 anyway.

I don't believe you need to disclose an employer on the I-765, since employment is not required to get an EAD.

In short, do you think it is too risky to wait to advise USCIS about a change in employer just if I get a RFE? Usually I like to do everything upfront but unfortunately in this case I think it might complicate things more.

I don't think it's too risky to wait.

[Texas Resident]

Submitting AC21 paperwork will help you if there is any chance that your sponsoring employer might revoke your I-140. Otherwise I would not worry about it.

I left my sponsoring employer before GC approval under good conditions (my supervisor was ok with me leaving) and I knew they will not revoke any paperwork. Asked company lawyer if I need to submit papers, he said no.

Just went through n-400 interview and no questions were asked, the lady simply updated something in the computer.